CA's Referencer
Benefits available to Non- Residents [AY 2026-27]
1. Who is a Non-Resident?
Section 2(30) defines non-resident as a person who is not a resident. Section 6 lays down the test of residency for different taxpayers as under:
A. Individual
An individual is said to be non-resident in India if he is not a resident in India.
To determine the residential status of an individual, the first step is to ascertain whether he is resident or non-resident. If he turns to be a resident, then the next step is to ascertain whether he is resident and ordinarily resident or is a resident but not ordinarily resident.
Step 1 given below will ascertain whether the individual is resident or non-resident; and step 2 will ascertain whether he is ordinarily resident or not ordinarily resident. Step 2 is to be performed only if the individual turns to be a resident in India.
Step 1: Determining whether resident or non-resident
Under the Income-tax Law, an individual will be treated as a resident in India for a year if he satisfies any of the following conditions:
1) He is in India for a period of 182 days or more in that year; or
2) He is in India for a period of 60 days or more in the year and for a period of 365 days or more in immediately preceding 4 years.
However, in respect of an Indian citizen and a person of Indian origin who visits India during the year, the period of 60 days as mentioned in (2) above shall be substituted with 182 days. The similar concession is provided to the Indian citizen who leaves India in any previous year as a crew member or for the purpose of employment outside India.
The Finance Act, 2020, w.e.f., Assessment Year 2021-22 has amended the above exception to provide that the period of 60 days as mentioned in (2) above shall be substituted with 120 days, if an Indian citizen or a person of Indian origin whose total income, other than income from foreign sources, exceeds Rs. 15 lakhs during the previous year. Income from foreign sources means income which accrues or arises outside India (except income derived from a business controlled in or a profession set up in India).
Note: The Finance Act, 2020 has introduced new section 6(1A) to the Income-tax Act, 1961. The new provision provides that an Indian citizen shall be deemed to be resident in India only if his total income, other than income from foreign sources, exceeds Rs. 15 lakhs during the previous year. For this provision, income from foreign sources means income which accrues or arises outside India (except income derived from a business controlled in or a profession set up in India).
However, such individual shall be deemed to be Indian resident only when he is not liable to tax in any country or jurisdiction by reason of his domicile or residence or any other criteria of similar nature.
Thus, from Assessment Year 2021-22, an Indian Citizen earning total income in excess of Rs. 15 lakhs (other than from foreign sources) shall be deemed to be resident in India if he is not liable to pay tax in any country.
If an individual does not satisfy any of the above conditions then he will be treated as non-resident in India.
Step 2: Determining whether resident and ordinarily resident or resident but not ordinarily resident
A resident individual will be treated as resident but not ordinarily resident in India during the year if he satisfies the following conditions:
1) He is non-resident in India in 9 out of last 10 years immediately preceding the relevant year; or
2) His stay in India is for 729 days or less in last 7 years immediately preceding the relevant year.
However, w.e.f., Assessment Year 2021-22, the Finance Act, 2020 has inserted the following two more situations wherein a resident person is deemed to be ‘Not Ordinarily Resident’ in India:
a) An Indian Citizen or a person of Indian origin whose total income (other than income from foreign sources) exceeds Rs. 15 lakhs during the previous year and who has been in India for a period of 120 days or more but less than 182 days;
b) An Indian Citizen who is deemed to be resident in India as per new section 6(1A).
A resident individual satisfies one of the aforesaid conditions will be treated as resident but not ordinarily resident.
In short, following test will determine the residential status of an individual:
1. If the individual satisfies any one or both the conditions specified at step 1 and satisfies none of the conditions specified at step 2, then he will become resident and ordinarily resident in India.
2. If the individual satisfies any one or both the conditions specified at step 1 and satisfies any of the conditions specified at step 2, then he will become resident but not ordinarily resident in India.
3. If the individual satisfies none of the conditions specified at step one, then he will become non-resident.
Note:
“Liable to tax” in relation to a person and with reference to a country means that there is an income-tax liability on such person under the law of that country for the time being in force. It shall include a person who has subsequently been exempted from such liability under the law of that country.
B. Partnership firm
A partnership firm is treated as non-resident in India if control and management of its affairs are situated wholly outside India.
C. Company
An Indian company is always resident in India. A foreign company is treated as resident if, during the previous year, control and management of its affairs is situated wholly in India. In other words, a foreign company is treated as non-resident if control and management of its affairs is situated wholly or partly outside India.
With effect from Assessment Year 2017-18, a company is said to be resident in India in any previous year, if:
(i) it is an Indian company; or
(ii) its place of effective management, in that year, is in India.
For this purpose, the “place of effective management” means a place where key management and commercial decisions that are necessary for the conduct of the business of an entity as a whole are, in substance made.
2. Scope of Total Income
As per Section 5 of the Income-tax Act, 1961, unlike a resident person who is liable to pay tax on his global income, a non-resident shall be liable to tax in India in respect of following incomes only:
1) Income received or is deemed to be received in India in such year; or
2) Income accrues or arises or is deemed to accrue or arise to him in India during such year.
3. Indirect transfer of a capital asset situated in India
As per section 9(1)(i), any income accruing or arising, whether directly or indirectly, through transfer of a capital asset situated in India shall be deemed to accrue or arise in India.
The Finance Act, 2012 inserted Explanation 5 to section 9(1)(i) w.e.f. 01.04.1962 to clarify that an asset or capital asset, being any share or interest in a company or entity registered or incorporated outside India, shall be deemed to be situated in India if the share or interest derives, directly or indirectly, its value substantially from the assets located in India.
However, The Finance Act, 2017 inserted proviso to provide that Explanation 5 shall apply to an asset or capital asset, which is held by a non-resident by way of investment, directly or indirectly, in a Foreign Institutional Investor as referred to in clause (a) of the Explanation to section 115AD for an assessment year commencing on or after the 1st day of April, 2012 but before the 1st day of April, 2015.
A new Explanation 6 is inserted to section 9(1)(i) by the Finance Act, 2015 w.e.f 01.04.2016 to define the term "substantially". It provides that share or interest in a company or entity registered or incorporated outside India shall be deemed to derive its value substantially from the assets located in India, if, on the specified date, the value of such assets:
(i) exceeds Rs. 10 Crore; and
(ii) represents at least 50% of the value of all the assets owned by the company or entity, as the case may be.
Further, a new Explanation 7 is inserted to provide that no income shall be deemed to accrue or arise to a non-resident from transfer, outside India, of any share of, or interest in, a company or an entity, registered or incorporated outside India, referred to in the Explanation 5:
(i) if such company or entity directly owns the assets situated in India and the transferor (whether individually or along with its associated enterprises), at any time in the twelve months preceding the date of transfer, neither holds the right of management or control in relation to such company or entity, nor holds voting power or share capital or interest exceeding five per cent of the total voting power or total share capital or total interest, as the case may be, of such company or entity; or
(ii) if such company or entity indirectly owns the assets situated in India and the transferor (whether individually or along with its associated enterprises), at any time in the twelve months preceding the date of transfer, neither holds the right of management or control in relation to such company or entity, nor holds any right in, or in relation to, such company or entity which would entitle him to the right of management or control in the company or entity that directly owns the assets situated in India, nor holds such percentage of voting power or share capital or interest in such company or entity which results in holding of (either individually or along with associated enterprises) a voting power or share capital or interest exceeding five per cent of the total voting power or total share capital or total interest, as the case may be, of the company or entity that directly owns the assets situated in India;
In a case where all the assets owned, directly or indirectly, by a company or, as the case may be, an entity referred to in the Explanation 5, are not located in India, the income of the non-resident transferor, from transfer outside India of a share of, or interest in, such company or entity, deemed to accrue or arise in India under this clause, shall be only such part of the income as is reasonably attributable to assets located in India and determined in such manner as may be prescribed.
4. Certain activities not to constitute business connection in India
The Finance Act, 2003 has inserted Explanation 2 to section 9(1)(i) w.e.f. 01.04.2004 to broadly explain the term 'business connection'.
After substituting the clause (a) of Explanation 2 to 9(1)(i) by the Finance Act, 2018,the term 'business connection' shall include any business activity carried out through a person who, acting on behalf of the non-resident::
(a) has and habitually exercises in India, an authority to conclude contracts on behalf of non-resident or habitually concludes contracts or habitually plays the principal role leading to conclusion of contracts by that non-resident and the contracts are:
(i) in the name of the non-resident; or
(ii) for the transfer of the ownership of, or for the granting of the right to use, property owned by that non-resident or that non-resident has the right to use; or
(iii) for the provision of services by the non-resident; or
(b) has no such authority, but habitually maintains in India a stock of goods or merchandise from which he regularly delivers goods or merchandise on behalf of the non-resident; or
(c) habitually secures orders in India, mainly or wholly for the non-resident or for that non-resident and other non-residents controlling, controlled by, or subject to the same common control, as that non-resident.
Further, after Explanation 2, the following Explanation has also been inserted, namely:––
'Explanation 2A.––For the removal of doubts, it is hereby clarified that the significant economic presence of a non-resident in India shall constitute "business connection" in India and "significant economic presence" for this purpose, shall mean:
(a) transaction in respect of any goods, services or property carried out by a non-resident in India including provision of download of data or software in India, if the aggregate of payments arising from such transaction or transactions during the previous year exceeds such amount as may be prescribed; or
(b) Systematic and continuous soliciting of business activities or engaging in interaction with such number of users as may be prescribed, in India through digital means:
The transactions or activities shall constitute significant economic presence in India, whether or not the agreement for such transaction is entered in India or non-resident has a residence or place of business in India or renders services in India.
Further, the transactions or activities of a non-resident in India, which are confined to the purchase of goods in India for the purpose of export, shall not constitute a significant economic presence of such non-resident in India.
A new Section 9A is inserted by the Finance Act, 2015. It provides that in the case of an eligible investment fund, the fund management activity carried out through an eligible fund manager acting on behalf of such fund shall not constitute business connection in India of the said fund (subject to certain conditions).
It further provides that an eligible investment fund shall not be said to be resident in India for the purpose of section 6 merely because the eligible fund manager, undertaking fund management activities on its behalf, is situated in India.
(Refer Section 9A for meaning of 'Eligible Investment Fund', 'Eligible Fund Manager' and other conditions).
5. Exemption from applicability of section 206AA to non-residents
Section 206AA provides that where the taxpayer does not furnish its PAN to the person responsible for withholding of tax, tax shall be deducted at source at higher of the following rates:
(a) rate specified in the relevant provision of this Act;
(b) rate or rates in force; or
(c) 20%.
However, the provisions of section 206AA shall not apply to a non-resident, not being a company, or to a foreign company, in respect of—
(i) payment of interest on long-term bonds as referred to in section 194LC; and
(ii) any other payment subject to such conditions as may be prescribed.
As per Rule 37BC, if deductee is a non-resident or a foreign company, he is not required to furnish his PAN to the deductor if he is in receipt of following income:
1. Interest
2. Royalty
3. Fees for technical services
4. Dividend
5. Payments for transfer of any capital asset.
However, the deductee is required to furnish the following details and documents to the deductor:
1. Name, e-mail id and contact number
2. Address in the country of which he is a resident
3. Certificate of Residence from the Government of his home country, if the law of that country provides for issuance of such certificate
4. Tax Identification Number allotted in his home country and if such number is not available, then a unique number on the basis of which he can be identified by the Government of his home country.
6. Relaxation to first time resident foreign companies
Section 115JH provides relaxation to foreign companies from certain compliances if such company is held to be resident in India for the first time. It is provided that provisions relating to computation of income, treatment of unabsorbed depreciation, set off or carry forward of losses, advance tax, TDS or transfer pricing shall apply to said company subject to such modifications or exceptions, as may be prescribed by the Government.
7. Tax incentive to unit located in international financial services center
Rate of MAT and AMT shall be 9% in case of unit located in International Financial Services Center ('IFSC'), provided such unit derives its income solely in convertible foreign exchange. A unit located in IFSC, deriving income solely in convertible foreign exchange, shall not be subject to dividend distribution tax on declaration of dividend out of its current income.
No Securities Transaction Tax (STT) and Commodities transaction tax would be levied on transactions undertaken on a recognised stock exchange located in IFSC if consideration is paid or payable in foreign currency.
7A. Exemption from condition of payment of STT by IFSC in case of capital gains taxable under Section 112A
As per Section 112A, the capital gains arising from transfer of long-term capital assets, being listed equity shares, units of equity oriented fund or unit of business trust, in excess of Rs. 1.25 lakhs shall be chargeable to tax at the rate of 12.5%.
The capital gains shall be taxable under Section 112A if securities transaction tax (STT) is paid on acquisition and transfer of listed equity shares. While as in the case of unit of equity oriented fund or unit of business trust, the STT is to be paid at the time of transfer of such capital asset. However, this condition of payment of STT shall not apply to transfer undertaken on a recognized stock exchange located in IFSC and the consideration for such transfer is received or receivable in foreign currency.
7B. Exemption from MAT in case foreign companies opt for presumptive taxation scheme
The Finance Act, 2018 inserts a new Explanation 4A to Section 115JB to provide exemption from applicability of MAT provisions in case of a foreign company, if its total income comprises solely of profits from business referred to in Sections 44B, 44BB, 44BBA or 44BBB and such income has been offered to tax at the rates specified in those sections.
8. Provisions for taxability of Non-residents
S.N. |
Section |
Particulars |
Limit of exemption or deduction or Computation of income |
Available to |
A. Income not chargeable to tax |
||||
1. |
10(4)(i) |
Interest on bonds or securities notified before 01-06-2002 by the Central Government including premium on redemption of such bonds. |
Interest amount |
Non resident |
2. |
10(4)(ii) |
Interest on money standing to the credit in a Non-resident (External) account in India. |
Interest amount |
Person resident outside India (under FEMA Act) and person who has been permitted to maintain said account by RBI |
3. |
10(4B) |
Interest on notified savings certificates issued before 01-06-2002 by the Central Government and subscribed to in convertible foreign exchange. |
Interest amount |
Individual, being a citizen of India or a person of Indian Origin, who is a non resident. |
3A. |
10(4C) |
Interest on Rupee Denominated Bonds (as referred to in Section 194LC) issued outside India during the period 17-09-2018 to 31-03-2019 by an Indian company/business trust |
Interest amount |
Non-resident person or foreign company |
3B. |
10(4D) |
Income accrued or arisen or received by specified fund which is attributable to units held by a non-resident (not being a PE in India) or to the investment division of offshore banking unit. Such exemption is allowed in respect of the following incomes: (a) Income from transfer of a capital asset as referred to in Section 47(viiab) on a recognised stock exchange located in IFSC and consideration is paid or payable in ‘convertible foreign exchange’; (b) Income arising from transfer of securities (other than shares in a company resident in India); (c) Income from securities issued by a non-resident (not being a PE of a non-resident in India) and where such income otherwise does not accrue or arise in India; or (d) Income from a securitization trust which is chargeable under the head ‘Profits and gains from business or profession’ to the extent such income accrued or arisen to or is received,
|
Capital Gain/PGBP |
Specified Fund |
3C. |
10(4E) |
Transfer of non-deliverable forward contracts or offshore derivative instruments or over the counter derivative or income distributed on the offshore derivative instruments or over-the-counter derivatives entered into with an offshore banking unit of IFSC as referred in section 80LA(1A) or any Foreign Portfolio Investor being a unit of an IFSC and fulfils prescribed conditions |
Entire income |
Non-resident |
3D. |
10(4F) |
Income on account of leasing of aircraft or a ship in a previous year, paid by a unit of an IFSC unit as referred to in section 80LA(1A), if unit has commenced operations on or before the 31st March 2030 |
Royalty or interest income |
Non-resident |
3E. |
10(4G) |
Income by way of portfolio of securities or financial products or funds which is managed or administered by a portfolio manager on behalf of a non-resident in an account maintained with an Offshore Banking unit in an IFSC as referred in section 80LA(1A). The CBDT may also notify specified activity carried out by specified person that will fall under scope of this section. |
Income from portfolio services |
Non-resident |
3F. | 10(4H) |
Income earned by a non-resident or Unit of an IFSC as referred to in section 80LA(1A). The exemption shall be allowed subject to the following conditions: (a) Non-resident or Unit of an IFSC must be engaged primarily in the business of leasing of an aircraft or ship; (b) Income should be in the nature of capital gains arising from the transfer of equity shares of a domestic company; (c) Domestic company must be a Unit of an IFSC as referred to in section 80LA(1A); (d) Domestic company must be engaged primarily in the business of leasing of an aircraft; (e) Domestic company must commence its operations on or before 31-03-2030; (f) Equity shares of the domestic company must be transferred within 10 years of commencing of its operations. However, if the domestic company commenced its operations after 01-04-2024, the 10-year time limit shall be counted from 01-04-2024. For the above purposes "aircraft" means an aircraft, helicopter, an engine or part of an aircraft or a helicopter or any part thereof and "ship" means a ship or an ocean vessel, an engine of a ship or ocean vessel, or any part thereof. |
Income from Capital Gains (transfer of equity shares of a domestic company) or PGBP (engaged in the business of leasing an aircraft) | Non-Resident or a Unit of IFSC |
4. |
10(6)(ii) |
Remuneration received by Foreign Diplomats/Consulate and their staff (Subject to conditions) |
Remuneration |
Individual (not being a citizen of India) |
5. |
10(6)(vi) |
Remuneration received by non-Indian citizen as employee of a foreign enterprise for services rendered by him during his stay in India, if: a) Foreign enterprise is not engaged in any trade or business in India b) His stay in India does not exceed in aggregate a period of 90 days in such previous year c) Such remuneration is not liable to be deducted from the income of employer chargeable under this Act |
Remuneration |
Individual - Salaried Employee (not being a citizen of India) |
6. |
10(6)(viii) |
Salary received by a non-resident, for services rendered in connection with his employment on a foreign ship if his total stay in India does not exceed 90 days in the previous year. |
Salary |
Non-resident Individual - Salaried Employee (not being a citizen of India) |
7. |
10(6)(xi) |
Remuneration received by an Individual, who is not a citizen of India, as an employee of the Government of a foreign state during his stay in India in connection with his training in any Government Office/Statutory Undertaking, etc. |
Remuneration |
Individual-Salaried Employee (not being a citizen of India) |
88. |
10(6A) |
Tax paid by Government or Indian concern on royalty or FTS from Government or Indian concern under agreement made before 1-6-2002 which either relates to a matter included in the industrial policy of the Government and is in accordance with that policy or is approved by Central Government |
Tax liability of foreign company borne by taxpayer |
Foreign Company |
99. |
10(6B) |
Tax paid by Government or Indian concern under terms of agreement entered into before 1-6-2002 by Central Government with Government of foreign State or international organization on income derived from Government or Indian concern, other than income by way of salary, royalty or fees for technical services |
Tax liability of non-resident borne by taxpayer |
Non-resident |
110. |
10(6BB) |
Tax paid by Indian company, engaged in the business of operation of aircraft, who has acquired an aircraft or its engine on lease, under an approved (by Central Government) agreement entered into between 31-3-1997 and 1-4-1999, or after 31-3-2007, on lease rental/income |
Tax liability so borne by Indian Company |
Government of foreign State or foreign enterprise |
111. |
10(6C) |
Income by way of royalty or fees for technical services rendered in India or abroad in projects connected with security of India pursuant to agreement with Central Government |
Royalty and fee for technical services |
Notified foreign company |
111A | 10(6D) | Income by way of royalty or FTS for services rendered in or outside India to the National Technical Research Organization. | Entire Income | Non-resident or Foreign Company |
112. |
10(15)(iid) |
Interest on notified bonds (notified prior to 01-06-2002) purchased in foreign exchange (subject to certain conditions) |
Interest Amount |
Individual, being a: a) NRI or nominee or survivor of NRI; b) Individual to whom bonds have been gifted by NRI. |
10(15)(iii) |
Interest on securities |
Interest amount |
Issue Department of Central Bank of Ceylon |
|
10(15)(iiia) |
Interest on deposits made with scheduled bank with approval of RBI |
Interest amount |
BBank incorporate abroad |
|
10(15)(iiib) |
Interest payable to Nordic Investment Bank on a loan advanced to a project approved by the Central Government. |
Interest amount |
Nordic Investment Bank |
|
10(15)(iiic) |
Interest payable to the European Investment Bank on loan granted by it in pursuance of framework agreement dated 25-11-1993 for financial corporation between Central Government and that Bank |
Interest amount |
European Investment Bank |
|
10(15)(iv)(b) |
Interest received from industrial undertaking in Indian on money lent to it under a loan agreement entered into before 01-06-2001 |
Interest amount |
AApproved foreign financial institution |
|
10(15)(iv)(fa) |
Interest payable by scheduled bank on deposits in foreign currency where acceptance of such deposit by the bank is duly approved by RBI. |
Interest amount |
a) Non-resident bb) Individual or HUF being a resident but not ordinary resident |
|
10(15)(viii) |
Interest on deposit made on or after 01.04.2005 in an offshore Banking Unit referred to in Section 2(u) of the Special Economic Zones Act, 2005. |
Interest amount |
Person who is a non-resident or not ordinarily resident. |
|
10(15)(ix) |
AAny interest payable in respect of money borrowed by a unit located in IFSC on or after September 1, 2019. |
Interest amount |
Non-resident |
|
12A. | 10(15B) | Income from the lease rental received from cruise ships operating in India | Lease rental income | Foreign Company |
113. |
10(23BBB) |
Income of European Economic Community from interest, dividends or capital gains from investment of funds under specified scheme |
Specified interest, dividends or capital gains |
European Economic Community |
14. |
10(23BBC) |
Income of SAARC Fund for Regional Projects set up by Colombo Declaration issued on 21-12-1991 |
Entire income |
SAARC Fund for Regional Projects |
14A. |
10(23FBC) |
Income from specified fund or transfer of unit in specified fund Note: Specified fund means fund as referred to in Section 10(4D) |
Entire income |
UUnit holder |
14B. |
10(23FE) |
Income of a specified person Note: ‘Specified person’ means: a) Wholly owned subsidiary of Abu Dhabi Investment Authority, which is resident of UAE and makes investment, directly or indirectly, out of the fund owned by the Government of the Abu Dhabi. b) Sovereign wealth fund and pension fund which satisfies prescribed conditions. |
Dividend, interest, any sum referred to in clause (xii) of ssection 56(2), or long-term capital gains (whether or not such capital gains are deemed as short-term capital gains under section 50AA) arising from an investment made in India |
Specified person |
14C. |
10(23FF) |
Income on transfer of shares of a company resident in India, by the resultant fund or specified fund if prescribed conditions are satisfied |
Capital gain |
NNon-resident |
16D | 10(34B) | Dividend income earned by an IFSC unit primarily engaged in aircraft or ship leasing business. However, the exemption is subject to the condition that the company paying the dividend should also be an IFSC unit and engaged in the aircraft or ship leasing business. | Dividend Income | IFSC engaged in the business of leasing aircrafts. |
15. |
10(48) |
Any income received in India in Indian currency by a foreign company on account of sale of crude oil or any other goods or rendering of services as may be notified by the Central Government, to any person in India under an approved and notified agreement or arrangement (Subject to certain conditions) |
Specified Income |
Foreign Company |
116. | 10(48A) | Any income accruing or arising to a foreign company on account of storage of crude oil in a facility in India and sale of crude oil therefrom to any person resident in India (subject to certain conditions) | Entire income | FForeign company |
16A. | 10(48B) | Any income arising to a foreign company on account of sale of leftover stock of crude oil from the facility in India after expiry of the agreement referred to in 10(48A) or on termination of the said agreement (Subject to certain conditions) | Entire Income | Foreign Company |
17. | 10(50) | AAny income which is chargeable to equalization levy under Chapter VIII of the Finance Act, 2016. Note: the provisions of this clause shall not apply w.e.f. AY 2026-27. |
Entire income | Non-resident |
B. Income under the head Profit and gains from business or profession |
||||
11. |
44B read with 172 |
Income from shipping business shall be computed on presumptive basis (Subject to certain conditions). |
7.5% of specified sum shall be deemed to be the presumptive income |
Non-resident engaged in shipping business |
22. |
44BB |
Income of a non-resident engaged in the business of providing services or facilities in connection with, or supplying plant and machinery on hire used, or to be used, in the prospecting for, or extraction or production of, mineral oils shall be computed on presumptive basis (Subject to certain conditions). |
10% of specified sum shall be deemed to be the presumptive income |
Non-resident engaged in activities connected with exploration of mineral oils |
33. |
44BBA |
Income of a non-resident engaged in the business of operation of aircraft shall be computed on presumptive basis (Subject to certain conditions). |
5% of specified sum shall be deemed to be the presumptive income |
Non-resident engaged in the business of operating of aircraft |
44. |
44BBB |
Income of a foreign company engaged in the business of civil construction or the business of erection of plant or Machinery or testing or commissioning there of, in connection with a turnkey power projects shall be computed on presumptive basis (Subject to certain conditions). |
10% of specified sum shall be deemed to be the presumptive income |
FForeign Company |
4A. | 44BBC | Presumptive taxation scheme for the business of operation of cruise ships by non-residents | 20% of the specified amounts shall be deemed to be the presumptive income. | Non-resident |
4B. | 44BBD | Presumptive tax scheme for non-residents providing services or technology to a resident company in India to set up an electronics manufacturing facility or manufacture/produce electronic goods. | 25% of the total amount paid or payable to the non-resident for such services or technology would be deemed presumptive income | Non-resident |
55. |
44C |
Deduction for Head office Expenditure (Subject to certain conditions and limits) |
Deduction for head-office expenditure shall be limited to lower of following: a) 5% of adjusted total income* ; or b) Head office exp. as attributable to business or profession of taxpayer in India * In case where adjusted total income of assessee is a loss, adjusted total income shall be substituted by average adjusted total income ** Adjusted total income or average adjusted total income shall be computed after prescribed adjustments i.e. unabsorbed depreciations, carry forward losses, etc. |
Non-resident |
66. |
44DA |
Deduction of expenditure from royalty and FTS received under an agreement made after 31-03-2003 which is effectively connected to the PE of non-resident in India (Subject to certain conditions) |
Expenditure incurred wholly and exclusively for the business of PE or fixed place of profession in India shall be allowed as deduction. |
Non-resident (not being a company) or Foreign Company |
C. Income under the head Capital Gains |
||||
1. |
47(via) |
Transfer of a capital asset being shares in an Indian company by the amalgamating foreign company to the amalgamated foreign company (in scheme of amalgamation) shall not be treated as 'transfer' (Subject to certain conditions). |
No capital gains shall arise in the hands of foreign amalgamating company due to transfer of capital assets. |
Foreign amalgamating company |
22. | 47(viab) | Transfer of share of a foreign company (which derives, directly or indirectly, its value substantially from the share or shares of an Indian company) held by a foreign company to another foreign company under a scheme of amalgamation shall not be regarded as transfer (Subject to certain conditions) | No capital gains shall arise in the hands of foreign amalgamating company | FForeign amalgamating company |
2A. | 47(viiab) | Transfer of bonds or GDRs as referred to in Sec. 115AC(1) or Rupee Denominated Bond of Indian Co. or Derivative or any other specified security by a non-resident on a recognized stock exchange located in any IFSC and where the consideration is paid in foreign currency | No capital gains shall arise in the hands of non-resident | Non-resident |
33. |
47(vic) |
Transfer of a capital asset being shares in an Indian company by the demerged foreign company to the resulting foreign company (in scheme of demerger) shall not be treated as 'transfer' (Subject to certain conditions). |
No capital gains shall arise in the hands of foreign demerged company due to transfer of capital assets. |
Foreign demerged company |
44. | 47(vicc) | Transfer of share of a foreign company (which derives, directly or indirectly, its value substantially from the share or shares of an Indian company) held by a demerged foreign company to resulting foreign company pursuant to demerger shall not be regarded as transfer (Subject to certain conditions) | No capital gains shall arise in the hands of foreign demerged company | Foreign demerged company |
55. |
47(viia) |
Transfer of capital asset being bonds or GDR [referred to in section 115AC(1)] outside India by one non-resident to another non-resident shall not be treated as 'transfer'. |
No capital gains shall arise in the hands of non-resident transferor |
Non-resident |
5A | 47(viiaa) | Transfer of capital asset being rupee denominated bond of an Indian company issued outside India by one non-resident to another non-resident shall not be treated as 'transfer'. | No capital gains shall arise in the hands of non-resident transferor | NNon-resident |
5B | 47(viiac) |
Transfer of a capital asset by the original fund to the resultant Fund, in relocation, shall not be considered as a transfer for capital gain tax purpose Note: Refer Explanation to section 47(viiad) for meaning of original fund, relocation & resultant fund. |
Amount of capital gain | Non-resident |
5C | 47(viiad) |
Transfer of capital asset being share or unit or interest (in relocation) held by shareholder or unit holder in original fund, in consideration for share or unit or interest in resultant fund Note: Refer Explanation to section 47(viiad) for meaning of original fund, relocation & resultant fund. |
Amount of capital gain | Non-resident |
6. |
47(viib) |
Transfer of a capital asset, being a Government security carrying a periodic payment of interest, made outside Indian (through an intermediary dealing in settlement of securities) by a non-resident to another non-resident shall not be treated as 'transfer' (Subject to certain conditions). |
No capital gains shall arise in the hands of non-resident transfer |
Non-resident |
7. |
First Proviso to 48 |
Computation of capital gains when shares or debentures in an Indian Company are transferred which were acquired in foreign currency (Subject to certain conditions) |
Capital gain shall be computed in same foreign currency (utilized for acquiring shares or debentures) which shall be reconverted into Indian currency |
Non-resident |
8. |
115F |
Long-term capital gain arising from transfer of specified foreign exchange assets shall be exempt from tax if net consideration is invested within six months after date of transfer in any specified asset or deposited in notified saving certificates (Subject to certain conditions). |
Amount of exemption shall be computed in following manner: Amount invested in new asset X Capital gains / Net Sales consideration |
Non-resident Indian |
D. Other Provisions |
||||
1. |
90 |
A non-resident can apply either provisions of the Act or the relevant DTAA (India has entered into with counterpart foreign country), whichever is more beneficial. |
Beneficial provisions of DTAA or the Income-tax Act |
Non-resident |
2. | 95 | Provisions of GAAR shall be applicable in respect of any assessment year beginning on or after April 1, 2018. | - | - |
3. |
192 |
If net taxable income (being income from employment) is less than maximum amount which is not chargeable to tax (Rs. 2,50,000) no tax shall be deducted at source. |
No deduction of tax at source from salaries |
Non-resident - Individual |
4. |
245N, 245Q |
A non-resident applicant can apply before Authority for Advance Ruling for determination of tax liability that may arise out of a business carried out in India (Subject to certain conditions) Note: The Finance Act, 2021 has provided that the Authority for Advance Rulings shall cease to operate with effect from such date, as may be notified by the Central Government in the Official Gazette. |
Non-resident can file application for Advance Ruling |
Non-resident |
4A. |
245-OB |
The Central Government to constitute one or more Board for Advance Rulings for giving advance rulings on and after the notified date. |
Non-resident can file application for Advance Ruling |
Non-resident |
5. |
115G |
A non-resident Indian shall not be required to file his return of income if his total income consists only following incomes and tax has been deducted therefrom: a) Income from investment in foreign exchange assets b) Long-term capital gains arising from transfer of foreign exchange assets. |
Exemption from filing of return of income |
Non-resident Indian |
* For detailed conditions refer Income Tax Act, 1961
Notes:
a) "Foreign Exchange Asset" means any "specified asset" which the assessee has acquired or purchased with, or subscribed to in, convertible foreign exchange [Section 115C(b)].
b) In view of Section 115(f), "Specified asset" means any of the following assets, namely:
(i) Shares in an Indian company;
(ii) Debentures issued by an Indian company which is not a private company;
(iii) Deposits with an Indian company which is not a private company;
(iv) Any security of the Central Government;
(v) Other notified assets
c) 'Non-resident Indian' means an individual, being citizen of India or a person of Indian origin who is not a "resident" [Section 115(e)].
9. Special Rates of Taxes for Non-Resident
S.N. |
Section |
Particulars |
Rates |
1. |
112(1)(c) |
Long Term Capital Gains |
12.50% |
2. |
112(1)(c) |
Long term capital gains arising from transfer of a capital asset, being unlisted securities or shares of a company not being a company in which public are substantially interested. |
12.50% |
3. |
112(1)(c) |
Concessional rate of tax if long term capital gains arising from transfer of listed securities or units or zero coupon bonds is calculated without taking into consideration the benefit of indexation. |
12.5% |
4. |
111A |
Concessional rate of tax if short term capital gains arising from transfer of equity shares or units of an equity oriented fund, or a unit of business trust is chargeable to securities transaction tax. With effect from assessment year 2016-17 the concessional tax rate shall also apply to any income arising from transfer of any units of a business trust which were acquired in consideration of a transfer referred to in section 47(xvii) and in respect of which security transaction tax has been paid. |
20% |
5. | 112A |
Long-term capital gains arising from transfer of capital assets, being listed equity shares, units of equity oriented fund or unit of business trust. The capital gains shall be computed without applying the first and second proviso to Section 48. |
12.50% |
5A. | 115AD |
Income in respect of securities received by foreign institutional investor as specified by the Government or by a specified Fund: • Short term capital gain covered by section 111A • Any other short-term capital gain • Long-term capital gain • Long-term capital gain (referred to in section 112A) in excess of Rs. 1.25 lakh • Interest referred to in section 194LD • Other income in the case of FII • Other income in the case of specified Fund |
20% 30% 12.5% 12.5% 5% 20% 10% |
6. |
115A(1)(a)(i) |
Dividends |
20% |
6A. | 115A(1)(a)(i) | Dividend from a unit located in IFSC (as referred to in section 80LA(1A) | 10% |
7. |
115A(1)(a)(ii) |
Interest received from Government or an Indian concern on monies borrowed or debt incurred in foreign currency |
20% |
8. |
115A(1)(a)(iia) |
Interest from notified Infrastructure Debt Fund as referred to in section 10(47) |
5% |
9. |
115A(1)(a)(iiaa) |
Interest of the nature and extent referred to in Section 194LC |
5% or 4% or 9% |
10. |
115A(1)(a)(iiab) |
Interest of the nature and extent referred to in Section 194LD |
5% |
11. |
115A(1)(a)(iiac) |
Distributed income being interest referred to in Section 194LBA |
5% or 10% or 30% |
12 |
115A(1)(a)(iii) |
Income in respect of units purchased of a Mutual Funds in foreign currency [specified under section 10(23D) or of UTI] |
20% |
13. |
115A(1)(b) |
Income by way of Royalty or FTS (other than income referred to in Section 44DA) received in pursuance of an agreement made at any time after 31-03-1976. |
20% |
14. | 115AB | Income of an overseas financial organization on transfer of units purchased in foreign currency being long-term capital gains | 12.5% |
14A. | 115AB | Income of an overseas financial organisation in respect of units purchased in foreign currency | 10% |
14B. | 115AC | Income from bonds or GDRs of a public sector company sold by the Government and purchased in foreign currency | 10% |
15. | 115AC | Income from long-term capital gains arising from transfer of bonds or GDRs | 12.5% |
16. |
115AD(1)(b) |
Short term capital gains earned by specified fund or FIIs as referred to in Section 111A |
15% |
16A. | 115AD(1)(b) | Short term capital gains earned by specified fund or FIIs as referred to in Section 111A | 15% |
17. |
115AD(1)(b) |
Any other short term capital gain earned by specified fund or FIIs (other than as referred to in Section 111A) |
30% |
18. |
115AD(1)(b) |
Long term capital gains earned by specified fund or FIIs |
12.5% |
19. |
115AD(1)(a) |
Interest referred to in section 194LD earned by specified fund or FIIs |
5% |
20. |
115AD(1)(a) |
Other income earned by specified fund or FIIs |
20% for FIIs & 10% for specified fund |
21. |
115BBA(1)(a)/(b) |
Income of a non-resident foreign citizen sportsman for participation in any game in India or received by way of advertisement or for contribution of articles relating to any game or sport in India or income of a non-resident sport association by way of guarantee money |
20% |
22. |
115BBA(1)(c) |
Income of non-resident foreign citizen (being an entertainer) for performance in India |
20% |
23. |
115E |
Income from specified asset purchased in foreign currency |
20% |
24. |
115E |
Long-term capital gains arising from transfer of specified asset purchased in foreign currency |
10% |
25. | 115E | Income from long-term capital gains of an asset other than a specified asset | 20% |
7. Applicability of Minimum Alternative Tax (MAT) on foreign companies
In respect of a foreign company, capital gains arising from transfer of securities, interest, royalty and fees for technical services accruing or arising to such foreign company shall be excluded from book profit for the purpose of charging MAT if income-tax payable by foreign company on such income is at rate less than 15%. Further, expenditure, if any, debited to the profit loss account, in respect of such income shall also be added back to the book profit for the purpose of computation of MAT.
However, provisions of section 115JB shall not be applicable with effect from April 1, 2001 to a foreign company, if—
(i) the assessee is a resident of a country or a specified territory with which India has an Double Taxation Avoidance Agreement ('DTAA) or the Central Government has adopted any agreement under sub-section (1) of section 90A and the assessee does not have a permanent establishment in India; or
(ii) the assessee is a resident of a country with which India does not have an DTAA and the assessee is not required to seek registration under any law for the time being in force relating to companies.
[As amended by Finance Act, 2025]
Disclaimer:
The contents of this document are for information purposes only. This aims to enable public to have a quick and an easy access to information and do not purport to be legal documents.
Viewers are advised to verify the content from Government Acts/Rules/Notifications etc.
- List of benefits available to Small Businessmen
- [AY 2026-27]
S.N. |
Particulars |
Section |
Benefits/Deductions allowed |
A. |
Presumptive Taxation Scheme |
||
1. |
Computation of income from eligible business on presumptive basis under Section 44AD (Subject to certain conditions). |
44AD |
• Presumptive income of eligible business shall be 8 % of gross receipt or total turnover (if turnover or gross receipts of eligible business does not exceed Rs. 2 crore). • Presumptive income shall be calculated at rate of 6% in respect of total turnover or gross receipts which is received by an account payee cheque or draft or use of electronic clearing system or through such other electronic mode as may be prescribed. Note:If the amount of cash received during the previous year does not exceed 5% of the total turnover or gross receipt of such year then the threshold limit for total turnover shall be taken as Rs. 3 crore instead of Rs. 2 crore. The receipts through the mode of cheque or a bank draft which is not an account payee, shall be considered a receipt in cash for this purpose. |
2. |
Computation of income from profession on presumptive basis under Section 44ADA (Subject to certain conditions). |
44ADA |
Presumptive income of profession shall be 50% of gross receipt (if gross receipt of assessee does not exceed Rs. 50 lakh). Note: if the amount of cash received during the previous year does not exceed 5% of the total gross receipt of such year then the threshold limit for total gross receipt shall be taken as Rs. 75,00,000 instead of Rs. 50,00,000. The receipts through the mode of cheque or a bank draft which is not an account payee, shall be considered a receipt in cash for this purpose. |
3. |
Presumptive income from business of plying, hiring or leasing of goods carriage if assessee does not own more than 10 goods carriage. |
44AE |
For Heavy Goods Vehicle: Rs. 1,000 per ton of gross vehicle weight for every month or part of a month during which the heavy goods vehicle is owned by assessee For Other Goods Vehicle: Rs. 7,500 for every month or part of a month during which the goods carriage is owned by assessee Note: 'Heavy goods vehicle' means goods carriage vehicle the gross vehicle weight of which exceeds 12,000 kilograms. |
B. |
Deductions from business profits |
||
1. |
Rent, rates, taxes, repairs (excluding capital expenditure) and insurance for premises |
30 |
Actual expenditure incurred excluding capital expenditure |
2. |
Repairs (excluding capital expenditure) and insurance of machinery, plant and furniture |
31 |
Actual expenditure incurred excluding capital expenditure |
3. |
Depreciation shall be allowed in respect of following assets: i. Tangible Assets (buildings, machinery, plant or furniture); ii. Intangible Assets (know-how, patents, copyrights, trademarks, licenses, franchises, or any other business or commercial rights of similar nature not being goodwill of business or profession). |
32(1)(i) |
Depreciation shall be allowed, to taxpayers engaged in business of generation or generation and distribution of power, at prescribed percentage on actual cost of an asset However, if asset is acquired and put to use for less than 180 days during the previous year, the deduction shall be restricted to 50% of depreciation computed above. Note: Taxpayers engaged in the business of generation or generation and distribution of power shall have the option to claim depreciation either on basis of straight line basis method or written down value method on each block of asset. |
4. |
Depreciation shall be allowed in respect of following assets: i. Tangible Assets (buildings, machinery, plant or furniture); ii. Intangible Assets (know-how, patents, copyrights, trademarks, licenses, franchises, or any other business or commercial rights of similar nature not being goodwill of business or profession). |
32(1)(ii) |
Depreciation shall be allowed to all taxpayer (except as referred to above) at prescribed percentage on written down value of each block of asset (as per WDV method). However, if asset is acquired and put to use for less than 180 days during the previous year, the deduction shall be restricted to 50% of depreciation computed above. |
5. |
Additional depreciation shall be allowed to the following assessees in respect of new plant and machinery [other than ships, aircraft, office appliances, second hand plant or machinery, etc.]: a) manufacture or production of any article or thing; or b) generation, transmission or distribution of power (if taxpayer is not claiming depreciation on basis of straight line method) |
32(1)(iia) |
Additional depreciation to be allowed at 20 % of actual cost of new plant and machinery. However, if an asset is acquired and put to use for less than 180 days during the previous year, 50% of additional depreciation shall be allowed in year of acquisition and balance 50% would be allowed in the next year. |
6. |
Additional depreciation shall be allowed on new plant and machinery (other than ships, aircraft, vehicle, office appliances, second hand plant or machinery, etc.) shall be allowed subject to certain conditions. Such additional depreciation to be allowed to all taxpayers which set up an undertaking or enterprise for production or manufacture of any article or thing in any notified backward area in the state of Andhra Pradesh, Bihar, Telangana or West Bengal. Note: 1. Manufacturing unit should be set-up on or after April 1, 2015. 2. New plant and machinery should be acquired and installed on or after April 1, 2015 but before April 1, 2020. |
Proviso to Section 32(1)(iia) |
Additional depreciation to be allowed at 35 % of actual cost of new plant and machinery. However, if an asset is acquired and put to use for less than one 180 days during the previous year, 50% of additional depreciation shall be allowed in year of acquisition and balance 50% in next year. |
7. |
Investment allowance shall be allowed to a company engaged in business or manufacturing or production of any article or thing (Subject to certain conditions). |
32AC |
Investment allowance shall be allowed at 15% of actual cost of new asset acquired and installed. |
8. |
Investment allowance shall be allowed to all taxpayers who acquire new plant and machinery for purpose of setting-up manufacturing unit in notified backward areas in the State of Andhra Pradesh, Bihar, Telangana or West Bengal. Note: 1. New asset should be acquired and installed on or after April 1, 2015 but before April 1, 2020. 2. Manufacturing unit should be set-up on or after April 1, 2015. 3. Deduction shall be allowed under Section 32AD in addition to deduction under Section 32AC if assessee fulfils the specified conditions. |
32AD |
Investment allowance shall be allowed at 15% of actual cost of investment made in new plant and machinery (other than ships, aircraft, vehicle, office appliances, second hand plant or machinery, etc.) |
9. |
Insurance premium covering risk of damage or destruction of stocks/stores |
36(1)(i) |
Actual expenditure incurred |
10. |
Insurance premium covering life of cattle owned by a member of co-operative society engaged in supplying milk to federal milk co-operative society |
36(1)(ia) |
Actual expenditure incurred |
11. |
Medical insurance premium paid by any mode other than cash, to insure employee's health under (a) scheme framed by GIC of India and approved by Central Government; or (b) scheme framed by any other insurer and approved by IRDA |
36(1)(ib) |
Actual expenditure incurred |
12. |
Bonus or commission paid to employees which would not have been payable as profit or dividend if it had not been paid as bonus or commission |
36(1)(ii) |
Actual expenditure incurred |
13. |
Interest paid in respect of capital borrowed for the purposes of the business or profession. |
36(1)(iii) |
Actual amount of interest incurred. Note: If sum is borrowed for acquiring a capital asset, interest thereon pertaining to the period before asset is first put to use shall not be allowed as deduction. |
14. |
Employer's contributions to recognized provident fund and approved superannuation fund [subject to certain limits and conditions] |
36(1)(iv) |
Actual expenditure incurred |
15. |
Any sum paid by assessee-employer by way of contribution towards a pension scheme, as referred to in section 80CCD, on account of an employee to the extent it does not exceed 10 per cent of the employee's salary in the previous year. |
36(1)(iva) |
Actual expenditure incurred subject to the limit of 14 per cent of the employee's salary* *Salary = Basic Pay + Dearness Allowance (to the extent it forms part of retirement benefits)+ turnover based commission |
16. |
Contributions to approved gratuity fund (Subject to certain limits and conditions) |
36(1)(v) |
Actual expenditure incurred |
17. |
Employer's contribution to wards approved gratuity fund created exclusively for the benefit of employees under an irrevocable trust shall be allowed as deduction (subject to certain conditions) |
36(1)(va) |
Actual expenditure incurred not exceeding 8.33% of salary of each employee |
18. |
Allowance in respect of animals which have died or become permanently useless (Subject to certain conditions) |
36(1)(vi) |
Actual cost of acquisition of such animals less realization on sale of carcasses of animals |
19. |
Bad debts which have been written off as irrecoverable in books of accounts. (Subject to certain conditions) Note: W.e.f. assessment year 2016-17, bad-debts shall be allowed as deduction even if they are not written-off from books of accounts. Such deduction shall be allowed if amount of debt or part thereof has been taken into account in computing income on the basis of Income Computation and Disclosure Standards notified under section 145(2) without recording the same in the accounts. |
36(1)(vii) |
Actual bad debts which have been written off from books of accounts |
20. |
Securities Transaction Tax paid |
36(1)(xv) |
Actual expenditure incurred if corresponding income is included as income under the head profits and gains of business or profession |
21. |
Amount equal to commodities transaction tax paid by an assessee in respect of taxable commodities transactions entered into in the course of his business during the previous year is allowed as deduction |
36(1)(xvi) |
Actual expenditure incurred if corresponding income is included as income under the head profits and gains of business or profession |
22. |
Amount of expenditure incurred by a co-operative society (engaged in business of manufacture of sugar) for purchase of sugarcane. |
36(1)(xvii) |
Deduction would be allowed the extent of lower of following: a) Actual purchase price of sugarcane, or b) Price of sugarcane fixed or approved by the Government |
23. | Marked to market loss or other expected loss as computed in accordance with the ICDS notified under section 145(2) | 36(1)(xviii) | Marked to Market loss or Expected Loss |
24. |
Any other expenditure [not being personal or capital expenditure and expenditure mentioned in sections 30 to 36] laid out wholly and exclusively for purposes of business or profession |
37(1) |
Actual expenditure incurred |
25. |
Interest, salary, bonus, commission or remuneration paid to partners (subject to certain conditions and limits) |
40(b) |
a) Interest, in accordance with terms of partnership deed but not exceeding simple interest at 12 per annum b) Remuneration to working partners: ■ If book profit is negative: Rs. 3,00,000 ■ If book profit is positive: (i) Rs. 3,00,000 or 90% of book profit, whichever is more, on first Rs. 6 lakhs of book profit (ii) 60% of balance book profit |
C. |
Maintenance of books of accounts and audit thereof |
||
1. |
Compulsory maintenance of prescribed books of account – Specified Profession (Subject to certain conditions and circumstances) |
44AA |
Persons carrying on specified profession |
2. |
Compulsory maintenance of books of account – Other business or profession (Subject to certain conditions and circumstances) |
44AA |
1) If the total sales, turnover or gross receipts exceeds Rs 10,00,000 in any one of the three years immediately preceding the previous year; or 2) If the income from business or profession exceeds Rs 1,20,000 in any one of the three years immediately preceding the previous year. Note: Individuals or HUFs shall be required to maintain books of account only when either their gross turnover/gross receipts exceed Rs 2,50,0000 or their income from business or profession exceed Rs 2,50,000. |
3. |
Compulsory Audit of books of accounts (Subject to certain conditions and circumstances) |
44AB |
1) If total sales, turnover or gross receipts exceeds Rs. 1 Crore in any previous year, in case of business; or 2) If gross receipts exceeds Rs. 50 Lakhs in any previous year, in case of profession. Note: a) This section is not applicable to the person, who opts for presumptive taxation Scheme under Section 44AD/44ADA. b) Threshold limit of Rs. 1 crore shall be increased to Rs. 10 crore in case where the cash receipt and payment made during the year does not exceed 5% of total receipt or payment the business |
D. |
Exemptions and Deductions |
||
1. |
Amount received by individual member from HUF. [Subject to the provisions of Section 64(2)] |
10(2) |
Entire amount is exempt from tax |
2. |
Share of profit received by partners from a partnership firm. |
10(2A) |
Entire amount is exempt from tax |
3. |
Any sum of money or immovable property or movable property received on or after April 1, 2017 without consideration or for inadequate consideration*** from a relative or member of HUF (subject to certain conditions and circumstances). Note: Any sum of money or immovable property or movable property received on or after April 1, 2017 without consideration or for inadequate consideration*** from a relative or member of HUF (subject to certain conditions and circumstances). Note: 1. In case of immovable property, 'inadequate consideration' shall mean difference between stamp duty value and actual consideration, if it exceeds Rs. 50,000 or amount equal to 10% of consideration, whichever is higher. 2. Any sum of money received by an individual, from any person, in respect of any expenditure actually incurred by him on his medical treatment or treatment of any member of his family in respect of any illness related to COVID-19, shall not be considered as income of such person. (subject to certain conditions) 3. Any sum of money received by family member of a person who died due to COVID-19, the money so received shall not be considered as income of the family member where such money is received from the employer of deceased person. Where the money is received from any other person or persons, the exemption amount shall be limited to Rs. 10 lakh in aggregate. (subject to certain conditions) |
56(2)(x) |
The whole amount received from specified relatives or in specified circumstances shall not be included in taxable income. |
4. |
Rent paid for furnished/unfurnished residential accommodation (Subject to certain conditions) |
80GG |
Least of the following shall be exempt from tax: a) Rent paid in excess of 10% of total income*; b) 25% of the Total Income; or c) Rs. 5,000 per month. Total Income = Gross total income minus long term capital gains, short term capital gains under section 111A, deductions under sections 80C to 80U (other than 80GG) and income under section 115A |
5. |
Deduction in respect of employment of new employees. |
80JJAA |
Deduction shall be allowed at 30% of additional employee cost paid for first three Assessment years. Note: "Additional employee cost" means total emoluments paid or payable to additional employees employed during the previous year. Provided that in case of existing business, the additional employee cost shall be nil if – (a) There is no increase in the number of employees from the total number of employees employed as on the last day of the preceding year ; (b) Emoluments are paid otherwise than by an account payee cheque or account payee bank draft or by use of electronic clearing system through bank account or through such electronic mode as may be prescribed. (Subject to other conditions) |
6. |
Deduction in respect of eligible start-up (subject to certain conditions) Note: 1. Eligible start-up means a company or a limited liability partnership, incorporated on or after 1/4/2016 but before 1/4/2030, whose total turnover doesn't exceed Rs. 100 crores in the previous year in which deduction is claimed by that start-up and it holds a certificate from Inter-Ministerial Board of Certification. 2. The deduction is available for any 3 consecutive assessment years out of 10 years beginning from the year in which the eligible start-up is incorporated. |
80- IAC | Deduction of 100% of the profit and gains derived by an eligible start-up from a business involving innovation, development, deployment or commercialization of new products, process or services driven by technology or intellectual property rights. |
7. | Deductions in respect of profits and gains arising from housing projects | 80-IBA | Deduction of 100% of the profits and gains derived by assessee from the business of developing and building affordable housing projects. |
E. |
Tax Deducted at Source and Advance Tax |
||
1. |
Lower rate of TDS under Section 194C in case of payments to a contractor or sub-contractor (Subject to certain conditions) Tax is required to be deducted only if sum paid exceeds Rs. 30,000 or aggregate of sum paid during the financial year exceeds 75,000 (Rs. 100,000 from 01.06.2016). |
194C |
Deduction of tax at source at 1% if recipient is an Individual or HUF |
2. | No TDS from sum paid or payable to contractor who is in the business of plying, hiring or leasing goods carriage and owns ten or less goods carriages at any time during the previous year | 194C | No TDS if such contractor owns ten or less goods carriages and furnishes a dedication to that effect after alongwith PAN |
3. |
No TDS from interest paid on debentures issued by a company in which public are substantially interested. Provided interest is paid by account payee cheque to an individual and HUF. |
193 |
No TDS if interest during the financial year does not exceed Rs. 5,000 |
3A. | No TDS from interest paid on securities | 193 | No TDS if the amount of interest does not exceed Rs. 10,000 for a single payment or in the aggregate in a financial year |
3B. | No TDS from interest on 8% Saving (Taxable) Bonds 2003, 7.75% Savings (Taxable) Bonds, 2018, Floating Rate Savings Bonds, 2020 (Taxable) or any other notified security paid to a resident persons |
193 |
If amount paid or payable during the financial year does not exceed Rs. 10,000 |
3C. |
No TDS from dividend paid by any mode other than cash to resident persons. |
194 |
No TDS if amount paid or payable during the financial year does not exceed Rs. 10,000. |
4. |
No obligation to deduct tax at source under Section 194A, 194C, 194H, 194-I and 194J if an Individual or HUF carries on a business or profession and total sales, turnover or gross receipts from such business or profession does not exceed, Rs. 1 crore in case of business and Rs. 50 lakhs in case of profession, during the financial year immediately preceding the financial year in which sum is to be credited or paid. |
- |
Not liable to deduct tax at source |
4A. |
No TDS from payment to participants of e-commerce |
194-O |
If amount paid or payable to resident Individual or HUF during the financial year does not exceed Rs. 5 Lakhs |
4B. |
No obligation to deduct tax by an Individual* or HUF* responsible for paying any sum to any resident for carrying out any work (including supply of labour for carrying out any work) in pursuance of a contract, by way of commission (not being insurance commission referred to in section 194D) or brokerage or by way of fees for professional services. * Other than those who are required to deduct income-tax as per the provisions of section 194C, section 194H, or section 194J |
194M |
No tax shall be deducted from specified payments if the aggregate of sum paid or credited during the year doesn’t exceed Rs. 50 lakhs |
4C. |
No obligation to file return of income by a senior citizen (whose age is 75 years or more) if: a) His total income consists only income in the nature of pension and interest received or receivable from any account maintained with deductor (such bank); and a) Tax on such income is deducted by deductor on the basis of rates in force. |
194P |
No obligation to file return of income |
4D. |
No TDS if amount paid or payable to resident seller for purchase of goods during the Financial Year if aggregate value of goods doesn’t exceed Rs. 50 lakhs |
194Q |
No TDS from payment made to resident seller |
4E. |
No TDS if aggregate value of benefit/perquisite provided during the Financial Year doesn’t exceed Rs. 20,000 |
194R |
No TDS in case any benefit or perquisite is provided to a resident |
4F. |
No tax shall be deducted under this provision in the following circumstance: • If the consideration is payable by any person (other than a specified person) and its aggregate value does not exceed Rs. 10,000 during the financial year. • If the consideration is payable by a specified person and its aggregate value does not exceed Rs. 50,000 during the financial year Specified person means: (a) An individual or a HUF, whose total sales, gross receipts or turnover does not exceed Rs. 1 crore in case of business or Rs. 50 lakhs in case of a profession, during the financial year immediately preceding the financial year in which virtual digital asset is transferred; (b) An individual or a HUF who does not have any income under the head profits and gains of business or profession |
194S |
No TDS from payment on transfer of Virtual Digital Asset |
4G. | No TDS on payment made to partners of Firms | 194T | If amount or aggregate of amount paid/ payable during the financial year does not exceed Rs. 20,000. |
5. |
No deduction of tax shall be made under Sections 194 and 194EE, if resident individual furnishes to the payer a written declaration in prescribed form that tax on his estimated total income of the previous year will be nil. |
197A(1) |
No tax shall be deducted from specified payments if the sum paid does not exceed the maximum amount which is not chargeable to tax |
6. |
No deduction of tax shall be made under sections 192A, 193, 194, 194A, 194D, 194DA, 194EE, 194-I and 194K if resident senior citizen furnishes to the payer a written declaration in prescribed form that tax on his estimated total income of the previous year will be nil. |
197A(1C) |
No tax shall be deducted from specified payments |
7. |
Exemption from payment of advance tax by a resident senior citizen or resident super senior citizen not having any income from business or profession (who is at least 60 Years of age at any time during the previous year) |
207(2) |
Not liable to pay advance tax |
8. |
No need to pay advance tax in installments by assessee who has opted for presumptive taxation scheme under Section 44AD or 44ADA |
44AD/44ADA |
Whole amount of advance tax can be paid in one installment on or before 15th March of the financial year |
9. |
Liability for payment of advance tax |
208 |
Taxpayer is liable to advance tax only if his advance tax liability is Rs. 10,000 or more |
F. |
Basic exemption limits |
||
1. |
Maximum amount of income which is not chargeable to Income-tax |
Rs. 2,50,000 |
Individual/HUF taxpayer |
1A. | Maximum amount of income which is not chargeable to Income-tax in case of person whose total income is chargeable to tax under section 115BAC | Rs. 4,00,000 | Individual, HUF/ AOP/ BOI/ Artificial Juridical Person |
2. |
Maximum amount of income which is not chargeable to Income-tax in the hands of a resident senior citizen (who is at least 60 Years of age at any time during the previous year but less than 80 Years of age on the last day of the previous year) |
Rs. 3,00,000 |
Resident Senior Citizen |
3. |
Maximum amount of income which is not chargeable to Income-tax in the hands of a resident super senior citizen (who is at least 80 Years of age at any time during the previous year) |
Rs. 5,00,000 |
Resident Super Senior Citizen |
4. |
Rebate to resident individual whose total income does not exceed Rs. 5,00,000 [Section 87A] |
Tax payable subject to maximum of rebate Rs. 12,500 |
Resident Individual |
4A. | Rebate to resident individual whose total income chargeable to tax under section 115BAC(1A) does not exceed Rs. 12,00,000 [Section 87A] | Tax payable subject to maximum of rebate Rs. 60,000 Note: The total rebate under section 87A shall not exceed the amount of income tax payable as per the rates provided in section 115BAC(1A) [effective from AY 2026-27] |
Resident Individual |
5. |
HUF is assessed to tax as a separate entity |
HUF is treated as a person distinct from Individual members or Karta. |
HUF |
6. |
Concessional tax regime under section 115BAC |
Option for payment of taxes at reduced rates (subject to certain conditions) |
Individual, HUF/AOP/ BOI/Artificial Juridical Person |
G. | Concessional tax rate for domestic company and co-operative society | ||
1. |
Concessional rate of tax for domestic company if – (i) Such company has been set-up and registered on or after March 1, 2016; and (ii) It is engaged in business of manufacturing or production of any article or thing (Subject to certain other conditions) |
115BA | Income shall, at the option of such company, be computed at concessional tax rate of 25%. |
2. | Concessional rate of tax for domestic company, if total turnover or gross receipt in the previous year 2023-24 does not exceed Rs. 400 Crores. | First Schedule of Finance Act, 2025 | Rate of income tax shall be 25% of total income. |
3. | Concessional rate of tax for domestic company if total income of the company is computed without providing for specified deductions or exemptions | 115BAA | Rate of income tax shall be 22% of total income. |
4. |
Concessional rate of tax for domestic manufacturing company if: a) Such Co. incorporated on or after 01-10-2019; b) It should commence the manufacturing or production of an article or thing on or after 01-10-2019 but before 31-03-2024; c) It must be engaged in the business of manufacture or production of any article or thing and research in relation to, or distribution of, such article or thing manufactured or produced by it; or generation of electricity; d) The total income of the company is computed without providing for specified deductions or exemptions (Subject to certain other conditions) |
115BAB | Rate of income tax shall be 15% of total income. |
5. | Concessional rate of tax for resident co-operative society if total income of the company is computed without providing for specified deductions or exemptions | 115BAD | Rate of income tax shall be 22% of total income. |
6. | Concessional rate of tax for resident co-operative societies engaged in the manufacturing or production of an article or thing if total income of the company is computed without providing for specified deductions or exemptions | 115BAE | Rate of income tax shall be 15% of total income. |
H. Exemption from e-filing of return of income
Form Assessment year 2019-20, every taxpayer has to file Income-tax return electronically except a super senior citizen (i.e., an Individual whose age is 80 years or above at any time during the previous year 2018-19) who furnish the return in ITR-1 or ITR-4
[As amended by Finance Act, 2025]
Disclaimer:
The contents of this document are for information purposes only. This aims to enable public to have a quick and an easy access to information and do not purport to be legal documents.
Viewers are advised to verify the content from Government Acts/Rules/Notifications etc.
Benefits available exclusively to Resident Persons and Indian Companies
[AY 2026-27]
S.No. |
Section |
Particulars |
Limit of exemption |
Available to |
A. |
Business or Profession |
|||
1. |
35D |
Amortization of certain preliminary expenses (Subject to maximum of 5% of cost of the project or capital employed, whichever is more) Incurred before commencement of business or after commencement of business in connection with extension of an undertaking (Subject to certain conditions and nature of expenditures) |
Qualifying preliminary expenditure is allowable in each of 5 successive years beginning with the previous year in which the extension of undertaking is completed or the new unit commences production or operation. |
Indian Company |
2. |
35D |
Amortization of certain preliminary expenses (Subject to maximum of 5% of cost of the project) Incurred before commencement of business or after commencement of business in connection with extension of an undertaking (Subject to certain conditions and nature of expenditures) |
Qualifying preliminary expenditure is allowable in each of 5 successive years beginning with the previous year in which the extension of undertaking is completed or the new unit commences production or operation. |
Resident Non-corporate assessees |
3. |
35DD |
Amortization of expenditure incurred in connection with amalgamation or demerger on or after 01.04.1999 (Subject to certain conditions) |
Allowed as deduction in 5 successive years in equal installments, beginning with the previous year in which such amalgamation or demerger takes place. |
Indian Company |
4. |
35E |
Deduction for qualifying expenditure incurred wholly and exclusively on prospecting, for certain minerals or development of a mine, etc. (Subject to certain conditions) |
Qualifying expenditure is allowed as deduction in equal installments over a period of 10 years. |
Indian Company and Resident Non-Corporate Assessees engaged in prospecting for minerals, etc. |
5. |
44AD |
Computation of income from eligible business on presumptive basis under Section 44AD (Subject to certain conditions). |
• Presumptive income of eligible business shall be 8 % of gross receipt or total turnover (if turnover or gross receipt of eligible business does not exceed Rs. 2 crore). • Presumptive income shall be calculated at rate of 6% in respect of total turnover or gross receipts which is received by an account payee cheque or draft or use of electronic clearing system or through such electronic mode as may he prescribed. Note: If the amount of cash received during the previous year does not exceed 5% of the total turnover or gross receipt of such year then the threshold limit for total turnover or gross receipt shall be taken as Rs. 3,00,00,000 instead of Rs. 2,00,00,000. |
Resident Individual, Resident HUF or Resident Partnership Firm (Other than LLP) |
6. | 44ADA |
Computation of income from profession on presumptive basis under section 44ADA (Subject to certain conditions). |
Presumptive income of profession shall be 50% of gross receipt (if gross receipt of assessee does not exceed Rs. 50 lakh. Note:If the amount of cash received during the previous year does not exceed 5% of the total gross receipt of such year then the threshold limit for total gross receipt shall be taken as Rs. 75,00,000 instead of Rs. 50,00,000.). |
Resident person being individual or partnership firm (other than LLP) who is engaged in a profession referred to in section 44AA(1) |
7. | 115BA |
Concessional rate of tax for domestic company if – (i) Such company has been set-up and registered on or after March 1, 2016; and (ii) It is engaged in business of manufacturing or production of any article or thing (Subject to certain other conditions) |
Income shall, at the option of such company, be computed at concessional tax rate of 25%. | Indian manufacturing Company |
8. | 115BAA |
Concessional rate of tax for domestic company if total income of the company is computed without providing for specified deductions or exemptions |
Income shall, at the option of such company, be computed at concessional tax rate of 22%. | Indian Company |
9. | 115BAB |
Concessional rate of tax for domestic manufacturing company if: a) Such Co. incorporated on or after 01-10-2019; b) It should commence the manufacturing or production of an article or thing on or after 01-10-2019 but before 31-03-2024; c) It must be engaged in the business of manufacture or production of any article or thing and research in relation to, or distribution of, such article or thing manufactured or produced by it; or generation of electricity; d) The total income of the company is computed without providing for specified deductions or exemptions (Subject to certain other conditions) |
Income shall, at the option of such company, be computed at concessional tax rate of 15%. | Indian manufacturing Company |
10. | 115BAD |
Concessional rate of tax for resident co-operative society if total income of the co-operative society is computed without providing for specified deductions or exemptions |
Income shall, at the option of such co-operative society, be computed at concessional tax rate of 22%. | Resident Co-operative Society |
11. | 115BAE | Concessional rate of tax for resident co-operative society registered on or after April 01, 2023 and commenced manufacturing or production of an article or thing on or before March 31, 2024, if total income of the co-operative society is computed without providing for specified deductions or exemptions | Income shall, at the option of such co-operative society, be computed at concessional tax rate of 15%. | Resident Co-operative Society |
12 | 115BBG | Income from transfer of carbon credits | 10% of such income | Any person |
B. |
Capital Gain |
|||
1. |
47(iv) |
Transfer of capital asset by a parent company to its wholly owned Indian subsidiary company shall not be treated as ‘transfer’. |
No capital gains shall arise in the hands of holding company due to transfer of capital assets. |
Transferee should be an Indian Company |
2. |
47(v) |
Transfer of capital asset by a wholly owned subsidiary company to its Indian holding company shall not be treated as ‘transfer’ (Subject to certain conditions). |
No capital gains shall arise in the hands of subsidiary company due to transfer of capital assets. |
Transferee should be an Indian Company |
3. |
47(vi) |
Transfer of capital asset in a scheme of amalgamation by amalgamating company to Indian amalgamated company shall not be treated as ‘transfer’. |
No capital gains shall arise in the hands of amalgamating company due to transfer of capital assets. |
Transferee should be an Indian Company |
4. |
47(vib) |
Transfer of capital asset in a scheme of merger by demerged company to Indian resulting company shall not be treated as ‘transfer’ (Subject to certain conditions). |
No capital gains shall arise in the hands of demerged company due to transfer of capital assets. |
Transferee should be an Indian Company |
5. |
47(vii) |
Allotment of shares of Indian amalgamated company to the shareholders in the amalgamating company in lieu of their amalgamation shall not be treated as ‘transfer’ (Subject to certain conditions). |
No capital gains shall arise in the hands of shareholders in the amalgamating company due to such amalgamation. |
Amalgamated company should be an Indian Company |
6. | 47(viic) | Redemption of Sovereign Gold Bonds issued by RBI under Sovereign Gold Bond Scheme, 2015. | It shall not be treated as transfer. | Resident individual |
6A. | 47(viid) | Conversion of Gold into Electronic Gold Receipt issued by a Vault Manager, or Conversion of Electronic Gold Receipt into Gold shall not be treated as 'transfer'. | No capital gains in hands of person transferring gold/EGR | Any Person |
6B. | 47(xa) | Conversion of bonds referred to in 115AC(1)(a) into equity shares or debentures of any company shall not be treated as 'transfer'. | It shall not be treated as transfer | Any person |
6C. | 47(xx) | Transfer of the interest in a Joint Venture in exchange for shares in a foreign company shall not be treated as ‘transfer’. | No capital gains | Interest is held by a public sector company |
7. |
111A |
Adjustment of unutilized portion of maximum exemption limit from short-term capital arising from transfer of equity shares or units of equity oriented funds or unit of a business trust and tax on balance short-term capital gains at 20%: |
If total income as reduced by such short-term capital gains is below maximum exemption limit (short-fall), such short-term capital gains shall be reduced by such short-fall and tax on the balance of such capital gains shall be computed at: 20%: |
Resident Individual and HUF |
8. |
112 |
Adjustment of unutilized portion of maximum exemption limit from long-term capital gain and tax on balance long-term capital gains at 12.5% : |
If total income as reduced by such long-term capital gains is below maximum exemption limit (short-fall), such long-term capital gains shall be reduced by such short-fall and tax on balance of such capital gains shall be computed at 12.5% : |
Resident Individual and HUF |
8A. |
112A |
Adjustment of unutilized portion of maximum exemption limit from long-term capital gain covered under section 112A and tax on balance long-term capital gains at 12.5% :- |
If total income as reduced by such long-term capital gains is below maximum exemption limit (short-fall), such long-term capital gains shall be reduced by such short-fall and tax on balance of such capital gains shall be computed at 12.5% :- |
Resident Individual and HUF |
9. |
115ACA |
Concessional rate of tax on long-term capital gains arising from transfer of GDRs issued by a listed Indian company, engaged in specified knowledge based industry or service, to its employees in accordance with notified ESOP Scheme. Provided such GDRs are purchased in foreign currency (Subject to certain conditions) |
Such long-term capital gains shall be taxable at 12.5%* without allowing benefits of first and second proviso to Section 48 |
Resident Individual - Employee |
C. |
Other Sources |
|||
1. |
115ACA |
Concessional rate of tax on dividends on GDRs issued by a listed Indian company, engaged in specified knowledge based industry or service, to its employees in accordance with notified ESOP Scheme. Provided such GDRs are purchased in foreign currency (Subject to certain conditions) |
Such dividend shall be taxable at 10% |
Resident Individual - Employee |
D. |
Deductions |
|||
1. |
80C |
Only resident individuals can Investment in Public provident Fund scheme, 1968 either in his own name or in the name of minor of whom he is a guardian. |
Maximum deposit in PPF Rs. 1,50,000 |
Resident Individual |
2. |
80C |
Investment in Senior Citizens Savings Scheme 2004 for 5 year |
Max. deduction Rs. 1,50,000 |
Resident individual who is 60 years of age or by a resident individual who is 55-60 years of age and retired under VRS |
3. |
80D |
Amount paid (in any mode other than cash) by an individual or HUF to LIC or other insurer to effect or keep in force an insurance on the health of specified person*.An individual can also make payment to the Central Government health scheme and/or on account of preventive health check-up. * specified person means: - In case of Individual - self, spouse, dependent children or parents - In case of HUF - Any member thereof Note: 1. Deduction for preventive health check-up shall not exceed in aggregate Rs. 5,000. 2. Payment on account of preventive health check-up may be made in cash. 3. Within overall limit, deduction shall be allowed up to Rs. 50,000 towards medical expenditure incurred on the health of specified person provided such person is a senior citizen and no amount has been paid to effect or to keep in force an insurance on the health of such person. 4. 'Senior citizen' means an individual resident in India who is of the age of sixty years or more at any time during the relevant previous year. |
In case of Individual, amount paid: a) For self, spouse and dependent children: Up to Rs. 50,000 if specified person is a senior citizen b) For parents: additional deduction of Rs. 50,000 shall be allowed if parent is a senior citizen In case of HUF, up to Rs. 50,000 if specified person is a senior citizen |
Resident Individual who is senior citizen |
4. |
80DD |
Deduction allowed to resident Individual and HUF for: a) Any expenditure incurred for the medical treatment (including nursing), training and rehabilitation of a dependent, being a person with disability b) Any amount paid or deposited under an approved scheme framed in this behalf by the LIC or any other insurer or the Administrator or the specified company for the maintenance of a dependent, being a person with disability (Subject to certain conditions). |
Rs. 75,000 (Rs. 1,25,000 in case of severe disability) |
Resident Individual and HUF |
5. |
80DDB |
Expenses actually paid by resident individual and HUF for medical treatment of specified diseases and ailments of: a) In case of Individual: Assessee himself or wholly dependent spouse, children, parents, brothers and sisters b) In case of HUF: Any member of the family who is wholly dependent upon the family (Subject to certain conditions). |
Up to Rs. 40,000 (Rs. 1,00,000 in case of senior citizen) |
Resident Individual/ HUF |
6. |
80GGB |
Sum contributed to political party or electoral trust is allowed as deduction (Subject to certain conditions) |
100% of amount contributed (excluding contribution in cash) is allowed as deduction |
Indian company |
7. |
80JJAA |
Deduction of additional employee cost in respect of employment of new employees. Additional employee cost means total emoluments paid or payable to additional employees employed during the previous year. (Subject to certain other condition) |
Deduction of 30% of additional employee cost. Deduction shall be allowed for first three Assessment Years including the Assessment Year relevant to previous year in which such employment is provided. |
Assessee who is liable to tax audit under Section 44AB |
8. | 80PA | Producer company engaged in an eligible business of marketing, purchase or processing of agricultural produce of its members | 100% of profits for a period of 5 years from the financial year 2018-19 subject to the condition that the total turnover of company shall be less than Rs. 100 crores during the financial year. | Producer Company |
9. |
80QQB |
Royalty income of resident individual - authors of certain specified category of books other than text books |
Least of the following shall be exempt from tax: a) In case of Lump sum payment - Amount of royalty income subject to maximum of Rs. 3,00,000 b) In other cases - amount of such income subject to maximum of 15% of value of books sold during the previous year. |
Resident Individual Author |
10. |
80RRB |
Royalty in respect of patents registered on or after 01.04.2003 (Subject to certain conditions) |
100% of royalty subject to maximum of Rs. 3,00,000 |
Resident Individual |
11. |
80U |
A resident individual who, at any time during the previous year, is certified by the medical authority to be a person with disability [as defined under Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995] |
Rs. 75,000 (Rs. 1,25,000 in case of severe disability) |
Resident Individual |
12. |
80-IA |
Indian Company developing, maintaining and operating any infrastructure facility shall be entitled to claim deduction (Subject to certain conditions). |
100% of profit for 10 consecutive AY falling within a period of 15 AY beginning with the AY in which assessee begins operating and maintaining infrastructure facility. No deduction shall be allowed to any enterprise which starts the development or operation and maintenance of the infrastructure facility on or after the 1st day of April, 2017. |
Indian Company |
13. |
80-IA |
Indian Company formed before 30-11-2005 with majority equity participation by public sector companies to reconstruct or revive a power generating plant shall be entitled to claim deduction. Provided it begins to generate or transmit or distribute power before 31-03-2011 (Subject to certain conditions). |
100% of profit for 10 consecutive AY falling within a period of 15 AY beginning with the AY in which assessee begins operating and maintaining infrastructure facility. |
Indian Company |
14. | 80-IAC | Profit and gains derived by an eligible start-up from specified business | 100% of profit for 3 consecutive assessment years out of 10 years beginning from the year in which the eligible start-up is incorporated | Company and LLP |
E. |
TDS |
|||
1. |
193 |
No TDS from interest on securities |
If amount paid or payable during the financial year does not exceed Rs. 10,000 | Resident person |
1A. | 193 | No TDS from interest paid on debentures issued by a company in which public are substantially interested. | If amount paid or payable during the financial year does not exceed Rs. 10,000 | Resident individual and HUF |
2. |
193 |
No TDS from interest on 8% Saving (Taxable) Bonds 2003 or 7.75% Savings (Taxable) Bonds, 2018, Floating Rate Savings Bonds, 2020 (Taxable) or any other notified security paid to a resident persons |
If amount paid or payable during the financial year does not exceed Rs. 10,000 |
Resident persons |
3. |
193 |
No TDS from interest on 6.5% Gold Bonds, 1977, or 7% Gold Bonds, 1980 |
If a declaration is made that the nominal value of such bonds did not exceed Rs. 10,000 at any time during the previous year |
Resident Individual |
3A | 193 | No TDS from interest paid on 4.25% National Defence Bonds, 1972, 4.25% National Defence Loan, 1968, or 4.75% National Defence Loan, 1972 | No TDS from interest | Resident Individual |
3B | 193 | No TDS from payment of certain interest |
No TDS from payment of interest on following securities: (a) National Development Bonds; (b) 7 Year National Savings Certifications (IV Issue); (c) Debentures issued by notified persons; (d) Any security of Central or State Government; (e) Any listed security issued by a company and held in DEMAT form; (f) Securities beneficially owned by LIC, GIC, specified companies or any other insurer. |
Resident Persons |
4. |
194 |
No TDS from dividend paid by any mode other than cash to resident persons. |
If amount paid or payable during the financial year does not exceed Rs. 10,000. |
Resident person |
5. |
194A |
No TDS from interest (other than on interest on securities) paid by a banking company, post office or co-operative bank on time deposits Note: With effect from 01.06.2015, tax shall be deducted from interest credited or paid by a co-operative bank to its member. However, interest paid or credited by a co-operative society to its member or to any other co-operative society shall not be subject to TDS. |
If amount paid or payable during the financial year does not exceed Rs. 50,000 Note: a) In case of senior citizens, tax shall not be deducted if interest payment doesn’t exceeds Rs. 1,00,000 b) With effect from 01.06.2015, time deposit shall also include recurring deposit. Therefore, tax shall be deducted from payment of interest on recurring deposit if it exceeds the threshold limit of Rs. 50,000. c) The threshold limit of Rs. 50,000 shall be computed with reference to the income credited or paid by a banking company or co-operative society (and not by individual branch thereof) which has adopted core banking solutions ('CBS'). |
Resident persons |
6. |
194A |
No TDS from interest on deposit with a post office under Senior Citizens Saving Scheme Rules, 2004 |
If amount paid or payable during the financial year does not exceed Rs. 1,00,000 |
Resident persons |
7. |
194A |
No TDS from interest other than on securities (in any other case) |
If amount paid or payable during the financial year does not exceed Rs. 1,00,000 |
Resident persons |
8. |
194A |
No TDS from interest on compensation awarded by Motor Accident Claims Tribunal |
If amount paid during the financial year does not exceed Rs. 50,000 Note: With effect from 01.06.2015, no tax shall be deducted at the time of credit of interest on compensation awarded by the Motor Accidents Claims Tribunal. |
Resident persons |
9. |
194A |
No TDS from interest on zero coupon bonds issued by Infrastructure Capital Co., Infrastructure Capital Fund, Public Sector Co. or Scheduled bank |
If Zero Coupon Bonds are issued on or after 01-06-2005 by specified entities |
Resident persons |
10. |
194A |
No TDS on Interest paid under any provision of Income-tax Act, 1961 or Wealth-tax Act, 1957 |
Entire interest is paid under the prescribed Acts |
Resident persons |
11. |
194A |
No TDS on Interest paid in respect of deposits under any notified scheme or Post Office deposits, Kisan Vikas Patra, NSC VIII Issue, Indira Vikas Patra, etc. |
If interest is earned on the prescribed deposits |
Resident persons |
12. |
194C |
No TDS from sum paid or payable to contractor (Subject to certain conditions) |
a) If sum paid or payable to a contractor in a single payment does not exceed Rs. 30,000 b) If sum paid or payable to contractor in aggregate does not exceed Rs. 1,00,000 during the financial year |
Resident Contractor |
13. |
194C |
No TDS from sum paid or payable to transport operator who is in the business of plying, hiring or leasing goods carriage |
If transporter owns 10 or less goods carriages at any time during the financial year and he furnishes a declaration with his PAN to person responsible for making payment. |
Resident transport operator |
14. |
194C |
No TDS from payment made by an Individual or HUF to a resident contractor for exclusively personal purposes |
If payment is made for personal purpose of Individual or HUF |
Resident Contractor |
15. |
194K |
No TDS from payment made: a) in respect of units of a Mutual Fund specified under section 10(23D); b) units from the administrator of the specified undertaking; or c) units from the specified company |
If amount paid or payable during the financial year does not exceed Rs. 10,000 |
Resident persons |
16. |
197A(1) |
No deduction of tax shall be made under Sections 194 and 194EE, if resident individual furnishes to the payer a written declaration in prescribed form that tax on his estimated total income of the previous year will be nil. |
No tax shall be deducted from specified payments if the sum paid does not exceed the maximum amount which is not chargeable to tax |
Resident Individual |
17. |
197A(1C) |
No deduction of tax shall be made under Section 192A, Sections 193, 194, 194A, 194D, 194DA, 194-I, 194EE and 194K if resident senior citizen furnishes to the payer a written declaration in prescribed form that tax on his estimated total income of the previous year will be nil. |
No tax shall be deducted from specified payments |
Resident Individual - Senior Citizen and Super Senior Citizen |
18. |
194LA |
No TDS from payment of compensation on compulsory acquisition of immovable property (other than Agricultural Land) |
If amount paid or payable during the financial year does not exceed Rs. 5 Lakhs |
Resident persons |
19. |
194D |
No TDS from insurance commission paid or payable during the financial year |
If amount paid or payable during the financial year does not exceed Rs. 20,000 |
Resident persons |
20. | 194DA | No TDS from sum payable under a life insurance policy (including bonus) to a resident person (w.e.f. 01-10-2014) | If amount paid or payable during the financial year is less than Rs. 1 lakh |
Resident persons |
21. |
194H |
No TDS from payment of commission or brokerage |
If amount paid or payable during the financial year does not exceed Rs. 20,000. Further no tax to be deducted from commission payable by BSNL/MTNL to their PCO Franchisees. |
Resident persons |
22. |
194J |
No TDS from payment of professional fees technical fees and royalty |
If amount paid or payable during the financial year does not exceed Rs. 50,000 |
Resident persons |
23. |
194-I |
No TDS from payment of rent in respect of land &building, furniture or fittings or plant and machinery |
If amount paid or payable during the financial year does not exceed Rs. 50,000 per month or part of the month. With effect from 01.06.2015, no tax shall be deducted where income by way of rent is credited or paid to a real estate investment trust in respect of any real estate asset [as referred to in section 10(23FCA)] owned directly by such trust. |
Resident persons |
24. |
194-IA |
No TDS from payment of consideration for purchase of an immovable property (other than agriculture land) |
If consideration of immovable property and its stamp duty value doesn’t exceed Rs. 50,00,000 |
Resident Transferor |
25 | 194-IB |
No TDS from payment of rent in respect of any land or building. Note: Other than the rent covered by section 194-I |
If amount of rent does not exceeds Rs. 50,000 for a month or part of a month during the financial year | Resident Individual or HUF |
26 | 194-O |
No TDS from payment to participants of e-commerce |
If amount paid or payable during the financial year does not exceed Rs. 5 Lakhs | Resident Individual or HUF |
27 | 194Q |
No TDS from payment made to resident seller |
If amount paid or payable to resident seller for purchase of goods during the Financial Year if aggregate value of goods doesn’t exceed Rs. 50 lakhs | Resident Individual or HUF |
28 | 194R |
No TDS in case any benefit or perquisite is provided to a resident |
If aggregate value of benefit/perquisite provided during the Financial Year doesn’t exceed Rs. 20,000 | Resident Individual or HUF |
29 | 194S |
No TDS from payment on transfer of Virtual Digital Asset |
No tax shall be deducted under this provision in the following circumstance: • If the consideration is payable by any person (other than a specified person) and its aggregate value does not exceed Rs. 10,000 during the financial year. • If the consideration is payable by a specified person and its aggregate value does not exceed Rs. 50,000 during the financial year. Specified person means: (a) An individual or a HUF, whose total sales, gross receipts or turnover does not exceed Rs. 1 crore in case of business or Rs. 50 lakhs in case of a profession, during the financial year immediately preceding the financial year in which virtual digital asset is transferred; (b) An individual or a HUF who does not have any income under the head profits and gains of business or profession. |
Resident Individual or HUF |
F. |
Advance Tax |
|||
1. |
207(2) |
Exemption from payment of advance tax by a resident senior citizen or resident super senior citizen not having any income from business or profession (who is at least 60 Years of age at any time during the previous year) |
Not liable to pay advance tax |
Resident Senior Citizen and Resident Super Senior Citizen |
G. |
Exemptions |
|||
1. |
- |
Maximum amount of income which is not chargeable to Income-tax in the hands of a resident senior citizen (who is at least 60 Years of age at any time during the previous year but less than 80 Years of age on the last day of the previous year) |
Rs. 3,00,000 |
Resident Senior Citizen |
2. |
- |
Maximum amount of income which is not chargeable to Income-tax in the hands of a resident super senior citizen (who is at least 80 Years of age at any time during the previous year) |
Rs. 5,00,000 |
Resident Super Senior Citizen |
3. |
87A |
Rebate to resident individual whose total income does not exceed Rs. 5,00,000 |
Rebate shall be limited to tax payable or Rs. 12,500, whichever is less |
Resident Individual |
4. | 87A | A maximum rebate of Rs. 60,000 is allowed under section 87A from the amount of income tax on total income, which is chargeable to tax under section 115BAC(1A). However, this rebate is allowed if the total income of assessee chargeable to tax under section 115BAC(1A) is up to Rs. 12,00,000. Further, if the total income chargeable to tax under section 115BAC(1A) exceeds Rs. 12,00,000 and the tax payable on such income exceeds the difference between the total income and Rs. 12,00,000, he can claim a rebate with marginal relief to the extent of the difference between the tax payable on such total income and the amount by which it exceeds Rs. 12,00,000 Note: The total rebate under section 87A shall not exceed the amount of income tax payable as per the rates provided in section 115BAC(1A) [effective from AY 2026-27] |
Rebate shall be limited to tax payable or Rs. 60,000, whichever is less | Resident Individual |
H. |
Tonnage Taxation |
|||
1. |
115V to 115VZC (Tonnage Taxation) |
Qualifying Company may opt for computation of income from business of operating qualifying ship or inland vessel on presumptive basis. * A company is a ‘Qualifying Company’ if: a) It is an Indian Company; b) The place of effective management of it is in India; c) It owns at least one qualifying ship; and d) The main object of it is to carry on business of operating ships. |
The income from operating ships shall be computed on basis of tonnage of each qualifying ship. |
Indian Company |
I. |
Exemption from return filing |
|||
1. |
194P |
A senior citizen is not liable to furnish the return of income for the previous year in which tax has been deducted under section 194P |
No requirement to file return of income by senior citizen if: a) His total income consists only income in the nature of pension and interest received or receivable from any account maintained with deductor (such bank); and b) Tax on such income is deducted by deductor on the basis of rates in force. |
Resident Senior citizens (whose age is 75 years or more) |
* Public Sector Companies, Banking Companies and Insurance Companies have not been considered in the document.
[As amended by Finance Act, 2025]
Disclaimer:
The contents of this document are for information purposes only. This aims to enable public to have a quick and an easy access to information and do not purport to be legal documents.
Viewers are advised to verify the content from Government Acts/Rules/Notifications etc.
Benefits available only to Individuals & HUFs
[AY 2026-27]
A. Tax Rates and Relief |
S.N. |
Particulars |
Benefits |
Available to |
1. |
Maximum amount of income which is not chargeable to Income-tax |
Rs. 2,50,000 |
Individual/HUF |
2. |
Maximum amount of income which is not chargeable to Income-tax in the hands of a resident senior citizen, who is at least 60 Years of age at any time during the previous year but less than 80 Years of age on the last day of the previous year |
Rs. 3,00,000 |
Resident Senior Citizen |
3. |
Maximum amount of income which is not chargeable to Income-tax in the hands of a resident super senior citizen who is at least 80 Years of age at any time during the previous year |
Rs. 5,00,000 |
Resident Super Senior Citizen |
4. |
Rebate to resident individual whose total income does not exceed Rs. 5,00,000 [Section 87A] |
Tax payable but subject to maximum of Rs. 12,500 |
Resident Individual |
5. | Rebate to resident individual whose total income is chargeable to tax under section 115BAC(1A) and total income does not exceed Rs. 12,00,000 [Section 87A] | Tax payable but subject to maximum of Rs. 60,000 Note: The total rebate under section 87A shall not exceed the amount of income tax payable as per the rates provided in section 115BAC(1A) [effective from AY 2026-27] |
Resident Individual |
6. |
HUF is assessed to tax as a separate entity |
HUF is treated as a person distinct from Individual members or Karta. |
HUF |
7. |
Concessional tax regime under section 115BAC |
Option for payment of taxes at reduced rates (subject to certain conditions) |
Individuals and HUF |
B. Income Exempt from Tax
S.N. |
Section |
Particulars |
Limit of exemption |
Available to |
1. |
10(2) |
Amount received by individual member from HUF. [Subject to the provisions of Section 64(2)] |
Entire amount |
Individual, being a member of an HUF |
2. |
10(2A) |
Share of profit received by partners from a partnership firm. |
Entire amount |
Partners in a partnership firm |
3. |
10(4)(ii) |
Interest on money standing to the credit in a Non-resident (External) account in India. |
Entire amount |
Person resident outside India (under FEMA Act) and person who has been permitted to maintain said account by RBI |
4. |
10(4B) |
Interest on notified savings certificates issued before 01-06-2002 by the Central Government and subscribed to in convertible foreign exchange. |
Entire Amount |
Individual, being a citizen of India or a person of Indian Origin, who is a non resident. |
5. |
10(5) |
Leave travel concession or assistance received by an employee (Subject to certain conditions and limited to amount actually spent) Notes: • The amount should be received by employee from his employer or former employer for leave to any place in India during term of service or after retirement/termination; • Exemption shall be available for amount incurred in respect of fare for going anywhere in India by employee along with his family. The family means — her/his spouse and children, parents, brothers and sisters only when they are wholly or mainly dependent on the assessee. • The exemption can be availed for two journeys in a block of 4 calendar years. • Exemption shall be available for journey performed by a shortest route and by prescribed mode of transportations in prescribed situations. |
Limited to amount actually spent and subject to maximum limits as specified |
Individual - Salaried Employee |
6. |
10(6)(ii) |
Remuneration received by Foreign Diplomats/Consulate and their staff (Subject to conditions) |
Entire Amount |
Individual (not being a citizen of India) |
7. |
10(6)(vi) |
Remuneration received by non-Indian citizen as employee of a foreign enterprise for services rendered in India, if: a) Foreign enterprise is not engaged in any trade or business in India b) His stay in India does not exceed in aggregate a period of 90 days in such previous year c) Such remuneration is not liable to deducted from the income of employer chargeable under this Act |
Entire Amount |
Individual - Salaried Employee (not being a citizen of India) |
8. |
10(6)(viii) |
Salary received by a non-resident, for services rendered in connection with his employment on a foreign ship if his total stay in India does not exceed 90 days in the previous year. |
Entire Amount |
Non-resident Individual - Salaried Employee (not being a citizen of India) |
9. |
10(6)(xi) |
Remuneration received by an Individual, who is not a citizen of India, as an employee of the Government of a foreign state during his stay in India in connection with his training in any Government Office/Statutory Undertaking, etc. |
Entire Amount |
Individual - Salaried Employee (not being a citizen of India) |
10. |
10(7) |
Foreign allowances or perquisites paid or allowed by Government to its employees posted outside India |
Entire Amount |
Individual- Salaried Employee (being a citizen of India) |
11. |
10(8) |
Foreign income and remuneration received from Foreign Government in connection with any co-operative technical assistance programme and projects in accordance with agreement entered into by Central Government and Foreign Government (Subject to certain conditions). Note: Provisions of this section are applicable w.e.f. Assessment Year 2023-24 |
Entire Amount |
Individual |
12. |
10(8A) |
Foreign income and remuneration received by consultant (agreement relating to his engagement must be approved) out of funds made available to an international organization (agency) under a technical assistance grant agreement between that agency and the Government of a foreign State (Subject to certain conditions). Note: Provisions of this section are applicable w.e.f. Assessment Year 2023-24 |
Entire Amount |
Individual, being a: a) A non-resident engaged by the agency for rendering technical services in India; b) Non-Indian citizen; or c) Indian citizen who is not ordinarily resident in India |
13. |
10(8B) |
Foreign income and remuneration received by an employee off the consultant as referred to in Section 10(8A) (contract of service must be approved by the prescribed authority before commencement of service). Note: Provisions of this section are applicable w.e.f. Assessment Year 2023-24 |
Entire Amount |
Individual, being a: a) Non-Indian citizen; or b) Indian citizen who is not ordinarily resident in India |
14. |
10(9) |
Income of any member of family of any individual [referred to in section 10(8), 10(8A) or 10(8B)] which accrues or arises outside India and is not deemed to accrue or arise in India and which is subject to tax in that foreign country Note: Provisions of this section are applicable w.e.f. Assessment Year 2023-24 |
Entire Amount |
Individual |
15. |
10(10) |
Death-cum-Retirement Gratuity received by: (i) Government employees |
Entire Amount |
Individual - Salaried Employee |
(ii) Other employees who are covered under Gratuity Act, 1972 |
Least of following amount is exempt from tax: 1. (*15/26) X Last drawn salary** X completed year of service or part thereof in excess of 6 months. 2. Rs. 20,00,000# 3. Gratuity actually received. *7 days in case of employee of seasonal establishment. ** Salary = Last drawn salary including DA but excluding any bonus, commission, HRA, overtime and any other allowance, benefits or perquisite |
|||
(iii) Other employees who are not covered under Gratuity Act, 1972 |
Least of following amount is exempt from tax: 1. 1/2 X Average Salary* X Completed years of service 2. Rs. 20,00,000 3. Gratuity actually received. *Average salary = Average Salary of last 10 months immediately preceding the month of retirement **Salary = Basic Pay + Dearness Allowance (to the extent it forms part of retirement benefits)+ turnover based commission |
|||
16. |
10(10A) |
Commuted value of pension received by: a) Government employee |
Entire Amount |
Individual - Salaried Employee |
b) Other employees |
1. 1/3rd of full value of commuted pension, if gratuity is received by the employee 2. 1/2 of full value of commuted pension, if gratuity is not received by the employee |
|||
18. |
10(10AA) |
Encashment of unutilized earned leave at the time of retirement by: a) Government employee; |
Entire Amount |
Individual - Salaried Employee |
b) Other employees |
Least of the following shall be exempt from tax: a) Amount actually received b) Unutilized earned leave* X Average monthly salary c) 10 months Average Salary** d) Rs. 25,00,000 *While computing unutilized earned leave, earned leave entitlements cannot exceed 30 days for each year of service rendered to the current employer **Average salary = Average Salary*** of last 10 months immediately preceding the retirement ***Salary = Basic Pay + Dearness Allowance (to the extent it forms part of retirement benefits)+ turnover based commission |
|||
19. |
10(10B) |
Retrenchment Compensation received by a workman under the Industrial Dispute Act, 1947. (Subject to certain conditions) |
Least of the following shall be exempt from tax: a) An amount calculated as per section 25F(b) of the Industrial Disputes Act, 1947; b) Rs. 5,00,000; or c) Amount actually received. |
Individual - Salaried Workmen |
20. |
10(10BC) |
Compensation received for any disaster from Government/ Local Authority (Subject to certain conditions) |
Entire amount except for the amount allowed as deduction under this Act on account of loss caused by such disaster. |
Individual or his Legal heir |
21. |
10(10C) |
Amount received on Voluntary Retirement or Voluntary Separation (Subject to certain conditions). |
Least of the following is exempt from tax: 1) Actual amount received as per the guidelines i.e. least of the following a) 3 months salary for each completed year of services b) Salary at the time of retirement X No. of months of services left for retirement; or 2) Rs. 5,00,000 |
Individual - Salaried Employee |
22. |
10(10CC) |
Tax paid by the employer on perquisites (not provided for by way of monetary payments) given to employee |
Entire Amount |
Individual - Salaried Employee |
23. |
10(10D) |
Any sum received under a Life Insurance Policy including bonus (excluding Keyman Insurance Policy) (Subject to certain conditions) |
Entire Amount |
Any Assessee |
24. |
10(11) |
Payment from Public Provident Fund or Statutory Provident Fund |
Exempt Subject to certain conditions |
Individual and HUF |
24A. | 10(11A) | Any payment from an account, opened in accordance with the Sukanya Samriddhi Account Rules, 2014 | Entire amount (including interest accrued on the deposit made in such account) shall be exempt from tax | Individual (who deposited the amount in accordance with Sukanya Samriddhi Account Rules, 2014) |
25. |
10(12) |
Accumulated balance payable to employee participating in recognized PF (subject to certain conditions). |
To the extent provided in Rule 8 of Part A of the Fourth Schedule of the Income-Tax Act. |
Individual - Salaried Employee |
25A | 10(12A) | Sum received from the National Pension System Trust by an assessee on account of closure or opting out of the pension scheme referred to in section 80CCD. | Exempt up to 60% of amount due at the time of closure or opting out of the scheme. | Assessee |
25B | 10(12B) | Partial withdrawal from National Pension System Trust (section 80CCD) | Exempt up to 25% of amount of contributions made by the employee | Employee |
25C | 10(12BA) | Partial withdrawal from National Pension System Trust (section 80CCD | Exempt up to 25% of amount of contributions made by the parent or guardian of a minor | Parent or Guardian of a minor |
26. |
10(13) |
Payment from Approved Superannuation Fund on death or retirement of employee, etc. (Subject to certain conditions) W.e.f assessment year 2017-18, any amount transferred from superannuation fund to the notified pension scheme referred to in Section 80CCD shall also be exempt from tax. |
Exempt subject to certain limits |
Individual - Salaried Employee |
27. |
10(13A) |
House Rent Allowance |
Least of the following is exempt from tax: (i) 50% of salary* for metro cities** and 40% of salary for other cities (ii) Actual HRA received (iii) Excess of rent paid over 10% of salary* * Salary = Aggregate of basic salary, DA (to the extent it forms part of retirement benefits) and turnover based commission ** Delhi, Mumbai, Kolkata, Chennai |
Individual - Salaried Employee |
28. |
10(14) |
Prescribed allowances for performance of official duties. |
To the extent allowance actually incurred for the performance of official duties. |
Individual - Salaried Employee |
29. |
10(15)(iib) |
Interest on Notified Capital Investment Bonds notified prior to 01-06-2002. |
Interest Amount |
Individual and HUF |
10(15)(iic) |
Interest on notified Relief Bonds. |
Interest Amount |
Individual and HUF |
|
10(15)(iid) |
Interest on notified bonds (notified prior to 01-06-2002) purchased in foreign exchange (subject to certain conditions) |
Interest Amount |
Individual, being a: a) NRI or nominee or survivor of NRI; b) Individual to whom bonds have been gifted by NRI. |
|
10(15)(iv)(fa) |
Interest payable by scheduled bank on deposits in foreign currency where acceptance of such deposits by the bank is duly approved by RBI. |
Interest Amount |
a) Non-resident b) Individual or HUF being a resident but not ordinary resident |
|
10(15)(iv)(i) |
Interest received from Government on deposits in notified scheme out of moneys due on account of retirement. |
Interest Amount |
Individual, being an employee of Central and State Government or Public Sector Company. |
|
10(15)(viii) |
Interest on deposits made on or after 01.04.2005 is an offshore banking unit referred to in Section 2(u) of the Special Economic Zones Act, 2005. |
Interest Amount |
Person who is a non-resident or not ordinarily resident. |
|
30. |
10(16) |
Scholarships granted to meet the cost of education. |
Entire Amount |
Individual |
31. |
10(17)(i) |
Daily Allowances received by members of Parliament. |
Entire Amount |
Individual - Member of Parliament or State Legislature or any Committee thereof. |
10(17)(ii) |
Any Allowance received by MP under Member of Parliament (Constituency Allowance) Rules, 1986. |
Entire Amount |
Individual - Member of Parliament |
|
10(17)(iii) |
Any Constituency Allowance received. |
Entire Amount |
Individual - Member of State Legislature |
|
32. |
10(18) |
Pension received by an individual who has won specified/notified gallantry awards and family pension received by any family member of such individual |
Entire Amount |
Individual - Central or State Government Employees or his family member |
33. |
10(19) |
Family pension received by the widow, children or nominated heirs of a member of the armed forces (including paramilitary forces) where death of such member has occurred in the course of operational duties (subject to prescribed conditions and circumstances) |
Entire Amount |
Individual - Widow or children or nominated heirs of members of the armed forces. |
34. |
10(19A) |
Notional annual value of any one palace occupied by former Ruler. |
Entire amount |
Individual |
34A |
10(23FBB) |
Any income received by a unit holder from an investment fund [being of the same nature as income chargeable under the head PGBP] |
That proportion of distributed income which is of the same nature as income chargeable under the head PGBP. |
Unit holder of an investment fund specified under Section 115UB |
34B |
10(23FD) |
Any income received by a unit holder from business trust, not being that proportion of the income of business trust which is in the nature of: a) interest received or receivable from a SPV; or b) any income from renting or leasing or letting out any real estate asset owned directly by such business trust (REIT) |
Any income (except interest received from a SPV or any rental income) distributed by business trust to its unit holders |
Unit holder of a business trust. |
35. |
10(26) |
Specified income of a member of Specified Scheduled Tribes residing in Specified Areas. |
Entire Amount |
Individual being a member of Scheduled Tribe |
36. |
10(26AAA) |
Income from any source in the State of Sikkim or income by way of dividend or interest on securities (Subject to certain conditions). |
Entire Amount |
Individual, being a Sikkimese (other than Sikkimese Woman who, after 31-03-2008, marries non-Sikkimese) |
37. |
10(32) |
Income of minor child clubbed under Section 64(1A) with parent’s income. |
Rs. 1,500 per child or Income of Minor, whichever is lower |
Individual |
38. |
10(37) |
Capital gains arising on compulsory acquisition of urban agriculture land, if: a) Compensation is received after 31-03-2004; and b) Agriculture land was used by taxpayer or his parents for agricultural purpose during last two years (Subject to certain conditions) |
Entire Amount of capital gains |
Individual and HUF |
38A | 10(37A) | Capital Gains arising on transfer of land under Land Pooling Scheme under the Andhra Pradesh Capital City Land Pooling Scheme (Formulation and Implementation) Rules, 2015. | Entire amount of capital gains | Individual and HUF |
39. |
10(43) |
Amount received by an Individual as a loan under reverse mortgage scheme referred to in Section 47(xvi) |
Entire Amount |
Individual |
*For detailed conditions refer Income Tax Act, 1961
# The Govt. has increased amount of gratuity payable to an employee under the payment of Gratuity Act, 1972, from Rs. 10 lakh to Rs. 20 lakh vide Notification No. 50/420(E), dated 29-3-2018
C. Deductions allowable from Taxable Income to Individual/ HUF
S.N. |
Section |
Particulars |
Limit of exemption |
Available to |
I. Deduction from Salaries |
||||
1. | 16(ia) | Standard Deduction |
In case of normal tax regime • Rs. 50,000 or the amount of the salary whichever is fess In case of new tax regime under section 115BAC(1A)(ii) • Rs. 75,000 or the amount of the salary whichever is fess |
Individual - Salaried Employee & Pensioners |
2. |
16 (ii) |
Entertainment Allowance |
Least of the following is exempt from tax: a) Rs 5,000 b) 1/5th of salary (excluding any allowance, benefits or other perquisite) c) Actual entertainment allowance received |
Individual - Government Employee & Pensioners |
3. |
16 (iii) |
Employment Tax/Professional Tax. |
Amount actually paid during the year |
Individual - Salaried Employee |
4. |
- |
Lump-sum payment made gratuitously or by way of compensation or otherwise to widow or other legal heirs of an employee who dies while still in active service [Circular No. 573, dated 21-08-1990] |
Enter amount paid in lump-sum |
Individual - Widow or other legal heirs of employee. |
5. |
- |
Ex-gratia payment to a person (or legal heirs) by Central or State Government, Local Authority or Public Sector Undertaking consequent upon injury to the person or death of family member while on duty [Circular No. 776, dated 08-06-1999] |
Enter amount paid as ex-gratia |
Individual or legal heirs. |
6. |
89 |
Any portion of salary received in arrears or in advance or profit received in lieu of salary [Subject to certain conditions and circumstances] |
Relief to the extent computed in accordance with Section 89 |
Individual - Salaried Employee |
7. |
89A |
Relief from taxation in income from retirement benefit account maintained in a notified country |
Relief to the extent computed in accordance with Rule 21AAA |
Individual |
8. |
Allowances (Subject to certain conditions and circumstances) |
Various allowances allowed to an employee are exempt from to tax up to certain limit*. * Refer the document of ‘Allowance available for different category of taxpayers’ |
Individual - Salaried Employee |
|
II. Income from Business and Profession |
||||
1. |
44AD |
Computation of income from eligible business on presumptive basis under Section 44AD provided turnover of eligible business does not exceed Rs. 2 crore (Subject to certain conditions). Note: (1) If an assessee opts out of the presumptive taxation scheme, after a specified period, he cannot choose to revert back to the presumptive taxation scheme for a period of five assessment years thereafter. [Section 44AD(4)] (2) The turnover limit of Rs. 2 crores shall be increased to Rs. 3 crores if the amount or aggregate of the amount of cash received during the previous year does not exceed 5% of the total turnover or gross receipts of such year. The receipts through the mode of cheque or a bank draft which is not an account payee, shall be considered a receipt in cash. |
Presumptive income of eligible business shall be 8 % of gross receipt or total turnover. Note: Presumptive income shall be calculated at rate of 6% in respect of total turnover or gross receipts which is received by an account payee cheque or draft or use of electronic clearing system or any other electronic mode as may be notified. |
Resident Individual, Resident HUF or Resident Partnership Firm (Other than LLP) |
2. | 44ADA |
Computation of income from specified profession on presumptive basis if the total gross receipts from such profession do not exceed fifty lakh rupees in a previous year. Note: if the amount of cash received during the previous year does not exceed 5% of the total gross receipt of such year then the threshold limit for total gross receipt shall be taken as Rs. 75 lakh instead of Rs. 50 lakh. The receipts through the mode of cheque or a bank draft which is not an account payee, shall be considered a receipt in cash for this purpose. |
Presumptive income of such profession shall be 50% of total gross receipt. | Resident Assessee being individual or partnership firm (other than LLP) |
III. Deductions from Capital Gains |
||||
1. |
54 |
Investment of long-term capital gains, arising from sale of residential house or land appurtenant thereto, in purchase/construction of one/two new residential house (Subject to certain conditions and limits). Note: With effect from Assessment Year 2020-21, a taxpayer has an option to make investment in two residential house properties in India. This option can be exercised by the taxpayer only once in his lifetime provided the amount of long-term capital gain does not exceed Rs. 2 crores. |
Amount invested new house/houses or capital gain, whichever is lower. |
Individual and HUF |
2. |
54B |
Investment of capital gains, arising from transfer of land used for agricultural purposes by an individual or his parents or a HUF, in other agricultural land (Subject to certain conditions and limits). |
Amount invested in agricultural land or capital gains, whichever is lower. |
Individual and HUF |
3. |
54F |
Investment of long-term capital gains, arising from transfer of any long term asset other than a residential house property, in one new residential house property, provided that on the date of transfer the assessee should not own more than one residential house property (Subject to certain conditions and limits). |
Amount invested in one new asset X capital gains/Net Consideration |
Individual and HUF |
4. |
54GB |
Investment of long-term capital gains arising from transfer of long-term capital asset, being a residential property, for subscribing the equity shares of an eligible company and such company has, within one year from the date of subscription, utilized this amount for purchase of specified new asset (subject to certain conditions and limits). Note: 1. W.e.f. April 1, 2017, eligible start-up is also included in definition of eligible company. 2. Provisions of this section shall not apply to any transfer of residential property made after March 31, 2017. However, in case of an investment in eligible start-up, the residential property can be transferred up to March 31, 2021. |
Amount invested in new asset by eligible Co. X Capital gains/Net Consideration |
Individual and HUF |
IV. Deductions from Income from Other Sources |
||||
1. |
56(2)(x) |
Any sum of money or immovable property or movable property received on or after April 1, 2017 without consideration or for inadequate consideration*** from a relative or member of HUF (subject to certain conditions and circumstances). Note : 1. In case of immovable property, 'inadequate consideration' shall mean difference between stamp duty value and actual consideration, if it exceeds Rs. 50,000 or amount equal to 10% of consideration, whichever is higher. 2. Any sum of money received by an individual, from any person, in respect of any expenditure actually incurred by him on his medical treatment or treatment of any member of his family in respect of any illness related to COVID-19, shall not be considered as income of such person. (subject to certain conditions) 3. Any sum of money received by family member of a person who died due to COVID-19, the money so received shall not be considered as income of the family member where such money is received from the employer of deceased person. Where the money is received from any other person or persons, the exemption amount shall be limited to Rs. 10 lakh in aggregate. (subject to certain conditions |
The whole amount received from specified relatives or in specified circumstances shall not be included in taxable income. |
Any person |
V. General-Deductions related to certain payments |
||||
1. |
80C |
1. Life insurance premium for policy: a) in case of individual, on life of assessee, assessee’s spouse and any child of assessee b) in case of HUF, on life of any member of the HUF 2. Sum paid under a contract for a deferred annuity: a) in case of individual, on life of the individual, individual’s spouse and any child of the individual (however, contract should not contain an option to receive cash payment in lieu of annuity) b) in case of HUF, on life of any member of the HUF 3. Sum deducted from salary payable to Government servant for securing deferred annuity or making provision for his wife/children [qualifying amount limited to 20% of salary] 4. Contributions by an individual made under Employees’ Provident Fund Scheme 5. Contribution to Public Provident Fund Account in the name of: a) in case of individual, such individual or his spouse or any child of such individual b) in case of HUF, in the name of any member there of 6. Contribution by an employee to a recognized provident fund 7. Contribution by an employee to an approved superannuation fund 8. Subscription to any notified security or notified deposit scheme of the Central Government. For this purpose, Sukanya Samriddhi Account Scheme has been notified vide Notification No. 9/2015, dated 21/1/2015. Any sum deposited during the year in Sukanya Samriddhi Account by an individual would be eligible for deduction. Amount can be deposited by an individual in the name of her girl child or any girl child for whom such an individual is the legal guardian. 9. Subscription to notified savings certificates [National Savings Certificates (VIII Issue)] 10. Contribution for participation in unit-linked Insurance Plan of UTI: a) in case of an individual, in the name of the individual, his spouse or any child of such individual b) in case of a HUF, in the name of any member thereof 11. Contribution to notified unit-linked insurance plan of LIC Mutual Fund: a) in the case of an individual, in the name of the individual, his spouse or any child of such individual b) in the case of a HUF, in the name of any member thereof 12. Subscription to notified deposit scheme or notified pension fund set up by National Housing Bank [Home Loan Account Scheme/National Housing Banks (Tax Saving) Term Deposit Scheme, 2008] 13. Tuition fees (excluding development fees, donations, etc.) paid by an individual to any university, college, school or other educational institution situated in India, for full time education of any 2 of his/her children 14. Certain payments for purchase/construction of residential house property 15. Subscription to notified schemes of (a) public sector companies engaged in providing long-term finance for purchase/construction of houses in India for residential purposes/(b) authority constituted under any law for satisfying need for housing accommodation or for planning, development or improvement of cities, towns and villages, or for both 16. Sum paid towards notified annuity plan of LIC or other insurer 17. Subscription to any units of any notified [u/s 10(23D)] Mutual Fund or the UTI (Equity Linked Saving Scheme, 2005) 18. Contribution by an individual to any pension fund set up by any mutual fund which is referred to in section 10(23D) or by the UTI (UTI Retirement Benefit Pension Fund) 19. Subscription to equity shares or debentures forming part of any approved eligible issue of capital made by a public company or public financial institutions 20. Subscription to any units of any approved mutual fund referred to in section 10(23D), provided amount of subscription to such units is subscribed only in ‘eligible issue of capital’ referred to above. 21. Term deposits for a fixed period of not less than 5 years with a scheduled bank, and which is in accordance with a scheme framed and notified. 22. Subscription to notified bonds issued by the NABARD. 23. Deposit in an account under the Senior Citizen Savings Scheme Rules, 2004 (subject to certain conditions) 24. 5-year term deposit in an account under the Post Office Time Deposit Rules, 1981 (subject to certain conditions) 25. Contribution to Tier-II NPS account by central Government's employees. |
Up to 1,50,000 (Subject to overall limit of Rs. 1,50,000 under Section 80C, 80CCC and 80CCD(1)) |
Individual and HUF |
2. |
80CCC |
Contribution to certain specified Pension Funds of LIC/other insurer (Subject to certain conditions). |
Up to 1,50,000 (Subject to overall limit of Rs. 1,50,000 under Section 80C, 80CCC and 80CCD) |
Individual |
3. |
80CCD |
Contribution to Pension Scheme (NPS) notified by the Central Government (Subject to certain conditions). Note:- 1. Deduction under section 80CCD(2) on account of contribution made by the employer to a pension scheme is not subject to ceiling limit of Rs. 1,50,000 as provided under section 80CCE. 2. Addition deduction of Rs. 50,000 shall not be allowed in respect of contribution which is considered for deduction under section 80CCD(1), i.e., limit of 10% of salary/gross total income 3. Any payment from NPS to an assessee because of closure or his opting out of the pension scheme is exempt to the extent of 60%. However, with effect from the assessment year 2017-18, the whole amount received by the nominee from NPS on death of the assessee shall be exempt from tax. 4. Any partial withdrawal from NPS shall be exempt to the extent of 25% of amount of contributions made by the employee. 5. Any partial withdrawal from NPS shall be exempt to the extent of 25% of amount of contributions made by the parent or guardian of minor. |
Amount contributed to pension scheme or 10% of salary/gross total income*, whichever is less (subject to ceiling limit of Rs. 1,50,000 as provided under Section 80CCE) shall be allowed as deduction under section 80CCD(1). Additional deduction to the extent of Rs. 50,000 shall also be available to the assessee under section 80CCD(1B). The additional deduction is not subject to ceiling limit of Rs. 1,50,000 as provided under Section 80CCE. Note: The benefit of additional deduction ofupto Rs. 50,000 under section 80CCD(1B) is also availableto sum deposited to the account of minor by parent or guardian (effective from AY 2026-27) Contribution made by employer shall also be allowed as deduction under section 80CCD(2) while computing total income of the employee. However, amount of deduction could not exceed 14% of salary in case of central/state Govt. employees and 10%** in any other employees. *10% of salary in case of employees otherwise 20% of gross total income. **14% in case income of assessee is chargeable to tax under section 115BAC |
Individual |
4. |
80CCG |
Amount invested by specified resident individuals in listed shares or listed units in accordance with notified scheme for a lock-in period of 3 years (Subject to certain conditions). Note: No deduction shall be allowed under this Section from Assessment Year 2018-19. However, an assessee who has claimed deduction under this Section earlier shall be allowed deduction till assessment year 2019-20. |
Deduction of 50% of total investment subject to maximum of Rs. 25,000 is allowed for 3 consecutive assessment years, beginning with the assessment year relevant to the previous year in which the listed shares or list units of equity oriented funds are first acquired |
Specified Resident Individual |
5. |
80D |
Amount paid (in any mode other than cash) by an individual or HUF to LIC or other insurer to effect or keep in force an insurance on the health of specified person*. An individual can also make payment to the Central Government health scheme and/or on account of preventive health check-up. * specified person means: - In case of Individual - self, spouse, dependent children or parents - In case of HUF - Any member thereof Note: 1. Deduction for preventive health check-up shall not exceed in aggregate Rs. 5,000. 2. Payment on account of preventive health check-up may be made in cash. 3. Within overall limit, deduction shall also be allowed up to Rs. 50,000 towards medical expenditure incurred on the health of specified person provided such person is a senior citizen and no amount has been paid to effect or to keep in force an insurance on the health of such person. 4. 'Senior citizen' means an individual resident in India who is of the age of sixty years or more at any time during the relevant previous year. |
In case of Individual, amount paid: a) For self, spouse and dependent children: Up to Rs. 25,000 (Rs. 50,000 if specified person is a senior citizen) b) For parents: additional deduction of Rs. 25,000 shall be allowed (Rs. 50,000 if parent is a senior citizen) In case of HUF, up to Rs. 25,000 (Rs. 50,000 if specified person is a senior citizen). |
Individual/HUF |
6. |
80DD |
a) Any expenditure incurred for the medical treatment (including nursing), training and rehabilitation of a dependent, being a person with disability b) Any amount paid or deposited under an approved scheme framed in this behalf by the LIC or any other insurer or the Administrator or the specified company for the maintenance of a dependent, being a person with disability (Subject to certain conditions). |
Rs. 75,000 (Rs. 1,25,000 in case of severe disability) Note: "dependant" means— (i) in the case of an individual, the spouse, children, parents, brothers and sisters of the individual or any of them; (ii) in the case of a HUF, any member thereof, dependant wholly or mainly on such individual or Hindu undivided family for his support and maintenance, and who has not claimed any deduction under section 80U in computing his total income for the assessment year relating to the previous year. |
Resident Individual and HUF |
7. |
80DDB |
Expenses actually paid for medical treatment of specified diseases and ailments for: a) In case of Individual: Assessee himself or wholly dependent spouse, children, parents, brothers and sisters b) In case of HUF: Any member of the family who is wholly dependent upon the family (Subject to certain conditions). |
Up to Rs. 40,000 (Rs. 100,000 in case of senior citizen) With effect from assessment year 2016-17, the prescription for medical treatment may be obtained from any specialist doctor not necessarily from a doctor working in Government hospital only. |
Resident Individual and HUF |
8. |
80E |
Amount paid out of income chargeable to tax by way of payment of interest on loan taken from financial institution/approved charitable institution for pursuing higher education (Subject to certain conditions). |
The amount of interest paid during initial year and 7 immediately succeeding assessment years (or until the above interest is paid in full). |
Individual |
9. |
80EE |
Interest payable on loan taken up to Rs. 35 lakhs by taxpayer from any financial institution, sanctioned during the FY 2016-17, for the purpose of acquisition of a residential house property whose value doesn't exceed Rs. 50 lakhs. Note: 1. On the date of sanction of loan, taxpayer should not own any other residential house property. |
Deduction of up to Rs. 50,000 towards interest on loan. |
Individual |
9A. |
80EEA |
Interest payable on loan taken by an individual, who is not eligible to claim deduction under section 80EE, from any financial institution during the period beginning from 01/04/2019 ending on 31/03/2022 for the purpose of acquisition of a residential house property whose stamp duty value doesn’t exceed Rs. 45 lakhs |
Deduction of up to Rs. 1,50,000 towards interest on loan |
Individual |
9B. |
80EEB |
Interest payable on loan taken by an individual from any financial institution during the period beginning from 01/04/2019 and ending on 31/03/2023 to purchase an electric vehicle. |
Deduction of up to Rs. 1,50,000 towards interest on loan |
Individual |
10. |
80GG |
Rent paid for furnished/unfurnished residential accommodation (Subject to certain conditions) |
Least of the following shall be exempt from tax: a) Rent paid in excess of 10% of total income*; b) 25% of the Total Income; or c) Rs. 5,000 per month. Total Income = Gross total income minus long term capital gains, short-term capital gains under section 111A, deductions under sections 80C to 80U (other than 80GG) and income under section 115A |
Individual not receiving HRA |
11. |
80QQB |
Royalty income of authors of certain specified category of books other than text books |
Least of the following shall be exempt from tax: a) In case of Lump sum payment - Amount of royalty income subject to maximum of Rs. 3,00,000 b) In other cases — amount of such income subject to maximum of 15% of value of books sold during the previous year. |
Resident Individual — Authors |
12. |
80RRB |
Royalty in respect of patents registered on or after 01.04.2003 (subject to certain conditions) |
100% of royalty subject to maximum of Rs. 3,00,000 |
Resident Individual-Patentee |
13. |
80TTA |
Interest on deposits in saving account with a banking company, a post office, co-operative society engaged in banking business, etc. (Subject to certain conditions) |
100% of amount of such income subject to maximum of Rs. 10,000 |
Individual and HUF (Other than Resident Senior Citizen) |
14. | 80TTB | Interest on deposits with a banking company, a post office, co-operative society engaged in banking business, etc. (Subject to certain conditions) | 100% of the amount of such income subject to the maximum amount of Rs. 50,000 | Any senior citizen |
15. |
80U |
A resident individual who, at any time during the previous year, is certified by the medical authority to be a person with disability [as defined under Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995] |
Rs. 75,000 (Rs. 1,25,000 in case of severe disability) |
Resident Individual |
D. Tax Deducted at Source and Advance Tax
S.N. |
Section |
Particulars |
Nature of exemption |
Available to |
1. |
194C |
Lower rate of TDS under Section 194C in case of payments to a contractor or sub-contractor Tax is required to be deducted only if sum paid exceeds Rs. 30,000 or aggregate of sum paid during the financial year exceeds Rs. 1,00,000. |
Deduction of tax at source at 1% if recipient is an Individual or HUF |
Individual or HUF |
1A. | 193 | No TDS from interest paid on 4.25% National Defence Bonds, 1972, 4.25% National Defence Loan, 1968, or 4.75% National Defence Loan, 1972, Government Securities [Other than 8% Savings (Taxable) Bonds, 2003 and 7.75% Saving (Taxable) Bonds, 2018, Floating Rate Savings Bonds, 2020 (Taxable) or any other notified security] | No TDS from interest | Resident Individual |
1B. | 193 | No TDS from interest paid on securities | No TDS if the amount of interest does not exceed Rs. 10,000 for a single payment or in the aggregate in a financial year | Resident assessee |
2. | 193 | No TDS from interest paid on debentures issued by a company in which public are substantially interested. Provided interest is paid by account payee cheque. | No TDS if interest during the financial year does not exceed Rs. 10,000 | Resident Individual or HUF |
2A. | 194 | No TDS from dividend paid by any mode other than cash to resident persons. | No TDS if amount paid or payable during the financial year does not exceed Rs. 10,000. | Resident Individual |
2B | 194A |
No TDS from interest paid or payable on time deposit: a) Up to Rs. 1,00,000 in case of resident senior citizen b) Up to Rs. 50,000 in case of other assesse |
If payer is a banking company, co-operative bank or post office | Resident Individual or HUF |
2C. | 194-O | No TDS from payment to participants of e-commerce | No TDS if amount paid or payable during the financial year does not exceed Rs. 5 Lakhs | Resident Individual or HUF |
2D. | 194Q | No TDS from payment made to resident seller | If amount paid or payable to resident seller for purchase of goods during the Financial Year if aggregate value of goods doesn’t exceed Rs. 50 lakhs | Resident Individual or HUF |
2E. | 194R | No TDS in case any benefit or perquisite is provided to a resident | If aggregate value of benefit/perquisite provided during the Financial Year doesn’t exceed Rs. 20,000 | Resident Individual or HUF |
2F. | 194S | No TDS from payment on transfer of Virtual Digital Asset | No tax shall be deducted under this provision in the following circumstance:
• If the consideration is payable by any person (other than a specified person) and its aggregate value does not exceed Rs. 10,000 during the financial year. • If the consideration is payable by a specified person and its aggregate value does not exceed Rs. 50,000 during the financial year. Specified person means: a) An individual or a HUF, whose total sales, gross receipts or turnover does not exceed Rs. 1 crore in case of business or Rs. 50 lakhs in case of a profession, during the financial year immediately preceding the financial year in which virtual digital asset is transferred; b) An individual or a HUF who does not have any income under the head profits and gains of business or profession. |
Resident Individual or HUF |
2G. | 194T | No TDS on payment made to partners of firms | If sum or aggregate of sum paid/payable during the Financial Year doesn’t exceed Rs. 20,000 | Individual |
2G. | - | No TDS from payment made to seller | No TDS if amount paid or payable to resident seller for purchase of goods during the Financial Year if aggregate value of goods doesn’t exceed Rs. 50 lakhs | Resident individual or HUF |
3. |
- |
No obligation to deduct tax at source under Section 194A, 194C, 194H, 194-I and 194J if an Individual or HUF carries on a business or profession and total sales, turnover or gross receipts from such business or profession does not exceed, Rs. 1 crore in case of business and Rs. 50 lakhs in case of profession, during the financial year immediately preceding the financial year in which sum is to be credited or paid. |
Not liable to deduct tax at source |
Individual or HUF |
4. |
197A(1) |
No deduction of tax shall be made under Sections 194 and 194EE, if resident individual furnishes to the payer a written declaration in prescribed form that tax on his estimated total income of the previous year will be nil. |
No tax shall be deducted from specified payments if the sum paid does not exceed the maximum amount which is not chargeable to tax |
Resident Individual |
5. |
197A(1C) |
No deduction of tax shall be made under section 192A, 193, 194, 194A, 194D, 194DA, 194EE, 194-I and 194K if resident senior citizen furnishes to the payer a written declaration in prescribed form that tax on his estimated total income of the previous year will be nil. |
No tax shall be deducted from specified payments |
Resident Individual — Senior Citizen and Super Senior Citizen |
6. |
207(2) |
Exemption from payment of advance tax by a resident senior citizen or resident super senior citizen not having any income from business or profession (who is at least 60 Years of age at any time during the previous year) |
Not liable to pay advance tax |
Resident Senior Citizen and Resident Super Senior Citizen |
7. |
44AD |
Assessee who has opted for presumptive taxation scheme under Section 44AD |
No need to pay advance tax in installments. Assessee can pay whole amount in one installment on or before 15th March of the financial year |
Resident individual, Resident HUF or Resident Partnership Firm (Other than LLP) |
8. | 44ADA | Assessee who has opted for presumptive taxation scheme under section 44ADA | No need to pay advance tax in installments. Assessee can pay whole amount in one installment on or before 15th March of the financial year | Resident assessee being individual or partnership firm (other than LLP) who is engaged in a profession referred to in section 44AA(1) |
E. Exemption from return filing
S.N. |
Section |
Particulars |
Nature of exemption |
Available to |
1. |
194P |
A senior citizen is not liable to furnish the return of income for the previous year in which tax has been deducted under section 194P |
No requirement to file return of income by senior citizen if: c) His total income consists only income in the nature of pension and interest received or receivable from any account maintained with deductor (such bank); and d) Tax on such income is deducted by deductor on the basis of rates in force. |
Resident Senior citizens (whose age is 75 years or more) |
[As amended by Finance Act, 2025]
Disclaimer:
The contents of this document are for information purposes only. This aims to enable public to have a quick and an easy access to information and do not purport to be legal documents.
Viewers are advised to verify the content from Government Acts/Rules/Notifications etc.
List of benefits available to Salaried Persons
[AY 2026-27]
S. N. |
Section |
Particulars |
Benefits |
A. |
Allowances |
||
1. |
10(13A) |
House Rent Allowance (Sec. 10(13A) & Rule 2A) |
Least of the following is exempt: a) Actual HRA Received b) 40% of Salary (50%, if house situated in Mumbai, Calcutta, Delhi or Madras) c) Rent paid minus 10% of salary * Salary= Basic + DA (if part of retirement benefit) + Turnover based Commission Note: i. Fully Taxable, if HRA is received by an employee who is living in his own house or if he does not pay any rent ii. It is mandatory for employee to report PAN of the landlord to the employer if rent paid is more than Rs. 1,00,000 [Circular No. 08 /2013 dated 10th October, 2013]. |
2. |
10(14) |
Children Education Allowance |
Up to Rs. 100 per month per child up to a maximum of 2 children is exempt |
3. |
10(14) |
Hostel Expenditure Allowance |
Up to Rs. 300 per month per child up to a maximum of 2 children is exempt |
4. |
10(14) |
Transport Allowance granted to an employee to meet expenditure for the purpose of commuting between place of residence and place of duty |
Rs. 3,200 per month granted to an employee, who is blind or deaf and dumb or orthopedically handicapped with disability of lower extremities |
5. |
Sec. 10(14) |
Transport Allowance to an employee working in any transport business to meet his personal expenditure during his duty performed in the course of running of such transport from one place to another place provided employee is not in receipt of daily allowance. |
Amount of exemption shall be lower of following: a) 70% of such allowance; or b) Rs. 10,000 per month. |
6. |
10(14) |
Conveyance Allowance granted to meet the expenditure on conveyance in performance of duties of an office |
Exempt to the extent of expenditure incurred |
7. |
10(14) |
Any Allowance granted to meet the cost of travel on tour or on transfer |
Exempt to the extent of expenditure incurred |
8. |
10(14) |
Daily Allowance to meet the ordinary daily charges incurred by an employee on account of absence from his normal place of duty |
Exempt to the extent of expenditure incurred |
9. |
10(14) |
Helper/Assistant Allowance |
Exempt to the extent of expenditure incurred |
10. |
10(14) |
Research Allowance granted for encouraging the academic research and other professional pursuits |
Exempt to the extent of expenditure incurred |
11. |
10(14) |
Uniform Allowance |
Exempt to the extent of expenditure incurred |
12. |
10(7) |
Foreign allowances or perquisites paid or allowed by Government to its employees (an Indian citizen) posted outside India |
Fully Exempt |
13. |
- |
Allowances to Judges of High Court/Supreme Court (Subject to certain conditions) |
Fully Exempt. |
14. |
10(45) |
Following allowances and perquisites given to serving Chairman/Member of UPSC is exempt from tax: a) Value of rent free official residence b) Value of conveyance facilities including transport allowance c) Sumptuary allowance d) Leave travel concession |
Fully Exempt |
15. |
- |
Allowances paid by the UNO to its employees |
Fully Exempt |
16. |
10(45) |
Allowances to Retired Chairman/Members of UPSC (Subject to certain conditions) |
Exempt subject to maximum of Rs.14,000 per month for defraying services of an orderly and for secretarial assistant on contract basis. The value of residential telephone free of cost and the number of free calls to the extent of 1500 per month shall be exempt. |
17. |
Sec. 10(14) |
Special compensatory Allowance (Hilly Areas) (Subject to certain conditions and locations) |
Amount exempt from tax varies from Rs. 300 per month to Rs. 7,000 per month. |
18. |
Sec. 10(14) |
Border area allowances, Remote Locality allowance or Disturbed Area allowance or Difficult Area Allowance (Subject to certain conditions and locations) |
Amount exempt from tax varies from Rs. 200 per month to Rs. 1,300 per month. |
19. |
Sec. 10(14) |
Tribal area allowance given in (a) Madhya Pradesh (b) Tamil Nadu (c) Uttar Pradesh (d) Karnataka (e) Tripura (f) Assam (g) West Bengal (h) Bihar (i) Odisha |
Rs. 200 per month |
20. |
Sec. 10(14) |
Compensatory Field Area Allowance. If this exemption is taken, employee cannot claim any exemption in respect of border area allowance (Subject to certain conditions and locations) |
Rs. 2,600 per month |
21. |
Sec. 10(14) |
Compensatory Modified Area Allowance. If this exemption is taken, employee cannot claim any exemption in respect of border area allowance (Subject to certain conditions and locations) |
Rs. 1,000 per month |
22. |
Sec. 10(14) |
Counter Insurgency Allowance granted to members of Armed Forces operating in areas away from their permanent locations. If this exemption is taken, employee cannot claim any exemption in respect of border area allowance (Subject to certain conditions and locations) |
Rs. 3,900 per month |
23. |
Sec. 10(14) |
Underground Allowance is granted to employees working in uncongenial, unnatural climate in underground mines |
Up to Rs. 800 per month |
24. |
Sec. 10(14) |
High Altitude Allowance is granted to armed forces operating in high altitude areas (Subject to certain conditions and locations) |
a) Up to Rs. 1,060 per month (for altitude of 9,000 to 15,000 feet) b) Up to Rs. 1,600 per month (for altitude above 15,000 feet) |
25. |
Sec. 10(14) |
Highly active field area allowance granted to members of armed forces (Subject to certain conditions and locations) |
Up to Rs. 4,200 per month |
26. |
Sec. 10(14) |
Island Duty Allowance granted to members of armed forces in Andaman and Nicobar and Lakshadweep group of Island (Subject to certain conditions and locations) |
Up to Rs. 3,250 per month |
B. |
Perquisites |
||
1. |
17(2)(i)/(ii) read with Rule 3(1) |
Rent free unfurnished accommodation provided to Central and State Government employees |
License Fees determined in accordance with rules framed by Government for allotment of houses shall be deemed to be the taxable value of perquisites. |
2. |
17(2)(i)/(ii) read with Rule 3(1) |
Unfurnished rent free accommodation provided to other employees |
Taxable value of perquisites A. If House Property is owned by the employer: i. 10% of salary, if population of city where accommodation is provided exceeds 40 lakhs as per 2011 census ii. 7.5% of salary, if population of city where accommodation provided exceeds 15 lakhs but does not exceed 40 lakhs as per 2011 census iii. 5% of salary, if accommodation is provided in any other city B. If House Property is taken on lease or rent by the employer, the perquisite value shall be : i. Lease rent paid or payable by the employer or 10% of the salary, whichever is lower *Salary includes: a) Basic Pay b) Dearness Allowance (only to the extent it forms part of retirement benefit salary) c) Bonus d) Commission e) All other allowances (only taxable portion) f) Any monetary payment which is chargeable to tax But does not include i. Value of any perquisite [under section 17(2)] ii. Employer’s contribution to PF iii. Benefits received at the time of retirement like gratuity, pension etc. C. If same accommodation is provided for more than one year, the perquisite value shall be lower of the following: (a) Perquisite value computed as per the above rules; or (b) First year's perquisite value as adjusted by the Cost Inflation Index (CII). Note: 1) Rent free accommodation is not chargeable to tax if provided to an employee working at mining site or an on-shore oil exploration site, etc.,— (i) which is being of temporary nature (subject to conditions) (ii) which is located in remote area. 2) Rent free accommodation if provided to High Court or Supreme Court Judges, Union Ministers, Leader of Opposition in Parliament, an official in Parliament and Serving Chairman and members of UPSC is Tax Free Perquisites. 3) The value so determined shall be reduced by the amount of rent, if any, paid by the employee. 4) If employee is transferred and retain property at both the places, the taxable value of perquisites for initial period of 90 days shall be determined with reference to only one accommodation (at the option of the assessee). The other one will be tax free. However after 90 days, taxable value of perquisites shall be charged with reference to both the accommodations. |
3. |
17(2)(i)/(ii) read with Rule 3(1) |
Rent free furnished accommodation |
Taxable value of perquisites a) Find out taxable value of perquisite assuming accommodation to be provided to the employee is unfurnished b) Add: 10% of original cost of furniture and fixtures (if these are owned by the employer) or actual higher charges paid or payable (if these are taken on rent by the employer). Note: The value so determined shall be reduced by the amount of rent, if any, paid by the employee |
4. |
17(2)(i)/(ii) read with Rule 3(1) |
A furnished accommodation in a Hotel |
Taxable value of perquisites Value of perquisite shall be lower of following: a) Actual charges paid or payable by the employer to such hotel b) 24% of salary Note: Hotel accommodation will not be chargeable to tax if : a) It is provided for a total period not exceeding in aggregate 15 days in the financial year; and b) Such accommodation in hotel is provided on employee’s transfer from one place to another place. |
5. | 17(2)(iv) | Any sum paid by employer in respect of any obligation of an employee | Fully Taxable |
5A. | 17(2)(vii) |
Contribution made to the account of the assessee by the employer–– (a) in a recognised provident fund; (b) in the scheme referred to in section 80CCD(1); and (c) in an approved superannuation fund |
To the extent it exceeds Rs. 7,50,000 |
5B. | 17(2)(iv) | Any annual accretion by way of interest, dividend or any other amount of similar nature during the previous year to the balance at the credit of the fund or scheme | To the extent it relates to the employer’s contribution which is included in total income |
5C. |
17(2)(viii) read with Rule 3(2) |
Motor Car / Other Conveyance |
Taxable value of perquisites (See Note 1 below) |
6. |
17(2)(viii) read with Rule 3(3) |
Services of a domestic servant including sweeper, gardener, watchmen or personal attendant (Taxable in case of specified employee only [See Note 4]) |
Taxable value of perquisite shall be salary paid or payable by the employer for such services less any amount recovered from the employee. |
7. |
17(2)(viii) read with Rule 3(4) |
Supply of gas, electricity or water for household purposes |
Taxable value of perquisites: 1. Manufacturing cost per unit incurred by the employer., if provided from resources owned by the employer; 2. Amount paid by the employer, if purchased by the employer from outside agency Note: i. Any amount recovered from the employee shall be deducted from the taxable value of perquisite. ii. Taxable in case of specified employees only [See note 4] |
8. |
17(2)(viii) read with Rule 3(5) |
Education Facilities |
Taxable value of perquisites (See Note 2 below) |
9. |
17(2)(viii) read with Rule 3(6) |
Transport facilities provided by the employer engaged in carriage of passenger or goods (except Airlines or Railways) (Taxable in case of specified employee only [See Note 4]) |
Value at which services are offered by the employer to the public less amount recovered from the employee shall be a taxable perquisite |
10. |
17(2)(v) |
Amount payable by the employer to effect an insurance on life of employee or to effect a contract for an annuity |
Fully Taxable |
11. |
17(2)(vi) read with Rule 3(8)/3(9) |
ESOP/ Sweat Equity Shares |
Taxable value of perquisites Fair Market value of shares or securities on the date of exercise of option by the assessee less amount recovered from the employee in respect of such shares shall be the taxable value of perquisites. Fair Market Value shall be determined as follows: a) In case of listed Shares: Average of opening and closing price as on date of exercise of option (Subject to certain conditions and circumstances) b) In case of unlisted shares/ security other than equity shares: Value determined by a Merchant Banker as on date of exercise of option or an earlier date, not being a date which is more than 180 days earlier than the date of exercise of the option. Note: The Finance Act, 2020 has deferred the taxation of perquisite in case of start-ups from date of allotment to the earliest of the following three dates: 1. Expiry of 48 months from the end of the relevant assessment year; 2. Sale of such shares by the employees; 3. Date on which employee ceases to be employee of the start-up. The eligible start-up shall accordingly, be required to deposit tax with the government within 14 days of the happening of any of the above events (whichever is earlier). However, 17(2)(vi) has not been amended, thus the income shall be computed in the year in which shares are allotted but tax shall be paid in subsequent year. |
12. |
17(2)(vii) |
Employer’s contribution towards: a) recognised provided fund b) NPS (Section 80CCD(1)) c) Approved Superannuation fund |
Taxable in the hands of employee to the extent such contribution exceed Rs.7,50,000 |
13. |
17(2)(viii) read with Rule 3(7)(i) |
Interest free loan or Loan at concessional rate of interest |
Interest free loan or loan at concessional rate of interest given by an employer to the employee (or any member of his household) is a perquisite chargeable to tax in the hands of all employees on following basis: 1. Find out the ‘maximum outstanding monthly balance’ (i.e. the aggregate outstanding balance for each loan as on the last day of each month); 2. Find out rate of interest charged by the SBI as on the first day of relevant previous year in respect of loan for the same purpose advanced by it; 3. Calculate interest for each month of the previous year on the outstanding amount (mentioned in point 1) at the rate of interest (given in point 2) 4. Interest actually recovered, if any, from employee 5. The balance amount (point 3-point 4) is taxable value of perquisite Nothing is taxable if: a) Loan in aggregate does not exceed Rs 20,000 b) Loan is provided for treatment of specified diseases ( Rule 3A) like neurological diseases, Cancer, AIDS, Chronic renal failure, Hemophilia (specified diseases). However, exemption is not applicable to so much of the loan as has been reimbursed to the employee under any medical insurance scheme. |
14. |
17(2)(viii) read with Rule 3(7)(ii) |
Facility of travelling, touring and accommodation availed of by the employee or any member of his household for any holiday |
a) Perquisite value taxable in the hands of employee shall be expenditure incurred by the employer less amount recovered from employee. b) Where such facility is maintained by the employer, and is not available uniformly to all employees, the value of benefit shall be taken to be the value at which such facilities are offered by other agencies to the public less amount recovered from employee. |
15. |
17(2)(viii) read with Rule 3(7)(iii) |
Free food and beverages provided to the employee |
1) Fully Taxable: Free meals in excess of Rs. 50 per meal less amount paid by the employee shall be a taxable perquisite 2) Exempt from tax: Following free meals shall be exempt from tax a) Food and non-alcoholic beverages provided during working hours in remote area or in an offshore installation; b) Tea, Coffee or Non-Alcoholic beverages and Snacks during working hours are tax free perquisites; c) Food in office premises or through non-transferable paid vouchers usable only at eating joints provided by an employer is not taxable, if cost to the employer is Rs. 50(or less) per meal. |
16. |
17(2)(viii) read with Rule 3(7)(iv) |
Gift or Voucher or Coupon on ceremonial occasions or otherwise provided to the employee |
a) Gifts in cash or convertible into money (like gift cheque) are fully taxable b) Gift in kind up to Rs.5,000 in aggregate per annum would be exempt, beyond which it would be taxable. |
17. |
17(2)(viii) read with Rule 3(7)(v) |
Credit Card |
a) Expenditure incurred by the employer in respect of credit card used by the employee or any member of his household less amount recovered from the employee is a taxable perquisite b) Expenses incurred for official purposes shall not be a taxable perquisite provided complete details in respect of such expenditure are maintained by the employer |
18. |
17(2)(viii) read with Rule 3(7)(vi) |
Free Recreation/ Club Facilities |
a) Expenditure incurred by the employer towards annual or periodical fee etc. (excluding initial fee to acquire corporate membership) less amount recovered from the employee is a taxable perquisite b) Expenses incurred on club facilities for the official purposes are exempt from tax. c) Use of health club, sports and similar facilities provided uniformly to all employees shall be exempt from tax. |
19. |
17(2)(viii) read with Rule 3(7)(vii) |
Use of movable assets of the employer by the employee is a taxable perquisite |
Taxable value of perquisites a) Use of Laptops and Computers: Nil b) Movable asset other than Laptops, computers and Motor Car*: 10% of original cost of the asset (if asset is owned by the employer) or actual higher charges incurred by the employer (if asset is taken on rent) less amount recovered from employee. *See Note 1 for computation of perquisite value in case of use of the Motor Car |
20. |
17(2)(viii) read with Rule 3(7)(viii) |
Transfer of movable assets by an employer to its employee |
Taxable value of perquisites a) Computers, Laptop and Electronics items: Actual cost of asset less depreciation at 50% (using reducing balance method) for each completed year of usage by employer less amount recovered from the employee b) Motor Car: Actual cost of asset less depreciation at 20% (using reducing balance method) for each completed year of usage by employer less amount recovered from the employee c) Other movable assets: Actual cost of asset less depreciation at 10% (on SLM basis) for each completed year of usage by employer less amount recovered from the employee. |
21. |
17(2)(viii) read with Rule 3(7)(ix) |
Any other benefit or amenity extended by employer to employee |
Taxable value of perquisite shall be computed on the basis of cost to the employer (under an arm’s length transaction) less amount recovered from the employee. However expenses on telephones including a mobile phone incurred by the employer on behalf of employee shall not be treated as taxable perquisite. |
22. |
10(10CC) |
Tax paid by the employer on perquisites (not provided for by way of monetary payments) given to employee |
Fully exempt |
23. |
10(5) |
Leave Travel Concession or Assistance (LTC/LTA), extended by an employer to an employee for going anywhere in India along with his family* *Family includes spouse, children and dependent brother/sister/parents. However, family doesn’t include more than 2 children of an Individual born on or after 01-10-1998. |
The exemption shall be limited to fare for going anywhere in India along with family twice in a block of four years: i. Exemption limit where journey is performed by Air - Air fare of economy class in the National Carrier by the shortest route or the amount spent, whichever is less ii. Exemption limit where journey is performed by Rail - Air-conditioned first class rail fare by the shortest route or the amount spent, whichever is less iii. Exemption limit if places of origin of journey and destination are connected by rail but the journey is performed by any other mode of transport - Air-conditioned first class rail fare by the shortest route or the amount spent, whichever is less iv. Exemption limit where the places of origin of journey and destination are not connected by rail: a. Where a recognized public transport system exists - First Class or deluxe class fare by the shortest route or the amount spent, whichever is less b. Where no recognized public transport system exists - Air conditioned first class rail fare by shortest route or the amount spent, whichever is less Notes: i. Two journeys in a block of 4 calendar years is exempt ii. Taxable only in case of Specified Employees [See note 4] |
24. |
Proviso to section 17(2) |
Medical facilities in India |
1) Expense incurred or reimbursed by the employer for the medical treatment of the employee or his family (spouse and children, dependent - parents, brothers and sisters) in any of the following hospital is not chargeable to tax in the hands of the employee: a) Hospital maintained by the employer. b) Hospital maintained by the Government or Local Authority or any other hospital approved by Central Government c) Hospital approved by the Chief Commissioner having regard to the prescribed guidelines for treatment of the prescribed diseases. 2) Medical insurance premium paid or reimbursed by the employer is not chargeable to tax. |
25. |
Proviso to section 17(2) |
Medical facilities outside India |
Any expenditure incurred or reimbursed by the employer for medical treatment of the employee or his family member outside India is exempt to the extent of following (subject to certain condition): a) Expenses on medical treatment - exempt to the extent permitted by RBI. b) Expenses on stay abroad for patient and one attendant - exempt to the extent permitted by RBI. c) Cost on travel of the employee or any family or one attendant - exempt, if Gross Total Income (before including the travel expenditure) of the employee, does not exceed such amount as may be prescribed. |
26. |
Proviso to section 17(2) |
Medical facility or reimbursement for COVID-19 treatment |
Any sum paid by the employer in respect of any expenditure actually incurred by the employee on his medical treatment or treatment of any member of his family in respect of any illness relating to Covid-19, shall not be taxable as perquisite in the hands of the employee. However, this benefit shall be allowed subject to certain conditions as may be notified by the Government in this behalf. [applicable w.e.f. Assessment Year 2020-21] |
C. |
Deduction from salary |
||
1. | 16(ia) | Standard Deduction |
In case of normal tax regime • Rs. 50,000 or the amount of salary, whichever is lower In case of new tax regime under section 115BAC(1A)(ii) • Rs. 75,000 or the amount of salary, whichever is lower |
2. |
16 (ii) |
Entertainment Allowance received by the Government employees (Fully taxable in case of other employees) |
Least of the following is deductible : a) Rs 5,000 b) 1/5th of salary (excluding any allowance, benefits or other perquisite) c) Actual entertainment allowance received |
3. |
16(iii) |
Employment Tax/Professional Tax. |
Amount actually paid during the year is deductible. However, if professional tax is paid by the employer on behalf of its employee than it is first included in the salary of the employee as a perquisite and then same amount is allowed as deduction. |
D. |
Retirement Benefits |
||
a) Leave Encashment |
|||
1. |
10(10AA) |
Encashment of unutilized earned leave at the time of retirement of Government employees |
Fully Exempt |
2. |
10(10AA) |
Encashment of unutilized earned leave at the time of retirement of other employees (not being a Government employee) |
Least of the following shall be exempt from tax: a) Amount actually received b) Unutilized earned leave* X Average monthly salary c) 10 months Average Salary** d) Rs. 25,00,000 *While computing unutilized earned leave, earned leave entitlements cannot exceed 30 days for each year of service rendered to the current employer **Average salary = Average Salary*** of last 10 months immediately preceding the retirement ***Salary = Basic Pay + Dearness Allowance (to the extent it forms part of retirement benefits)+ turnover based commission |
b) Retrenchment Compensation |
|||
1. |
10(10B) |
Retrenchment Compensation received by a workman under the Industrial Dispute Act, 1947 (Subject to certain conditions). |
Least of the following shall be exempt from tax: a) an amount calculated as per section 25F(b) of the Industrial Disputes Act, 1947; b) Rs. 5,00,000; or c) Amount actually received Note: i. Relief under Section 89(1) is available ii. 15 days average pay for each completed year of continuous service or any part thereof in excess of 6 months is to be adopted under section 25F(b) of the Industrial Disputes Act, 1947. |
c) Gratuity |
|||
1. |
10(10)(i) |
Gratuity received by Government Employees (Other than employees of statutory corporations) |
Fully Exempt |
2. |
10(10)(ii) |
Death -cum-Retirement Gratuity received by other employees who are covered under Gratuity Act, 1972 (other than Government employee) (Subject to certain conditions). |
Least of following amount is exempt from tax: 1. (*15/26) X Last drawn salary** X completed year of service or part thereof in excess of 6 months. 2. Rs. 20,00,000 3. Gratuity actually received. *7 days in case of employee of seasonal establishment. ** Salary = Last drawn salary including DA but excluding any bonus, commission, HRA, overtime and any other allowance, benefits or perquisite |
3. |
10(10)(iii) |
Death -cum-Retirement Gratuity received by other employees who are not covered under Gratuity Act, 1972 (other than Government employee) (Subject to certain conditions). |
Least of following amount is exempt from tax: 1. Half month’s Average Salary* X Completed years of service 2. Rs. 20,00,000 3. Gratuity actually received. *Average salary = Average Salary of last 10 months immediately preceding the month of retirement ** Salary = Basic Pay + Dearness Allowance (to the extent it forms part of retirement benefits)+ turnover based commission |
d) Pension |
|||
1. |
- |
Pension received from United Nation Organization by the employee of his family members |
Fully Exempt |
2. |
10(10A)(i) |
Commuted Pension received by an employee Central Government, State Government, Local Authority Employees and Statutory Corporation |
Fully Exempt |
3. |
10(10A)(ii) |
Commuted Pension received by other employees who also receive gratuity |
1/3 of full value of commuted pension will be exempt from tax |
4. |
10(10A)(iii) |
Commuted Pension received by other employees who do not receive any gratuity |
1/2 of full value of commuted pension will be exempt from tax |
5. |
10(19) |
Family Pension received by the family members of Armed Forces |
Fully Exempt |
6. |
57(iia) |
Family pension received by family members in any other case |
In case of normal tax regime: • 33.33% of Family Pension subject to maximum of Rs. 15,000 In case of new tax regime under section 115BAC(1A)(ii) • 33.33% of Family Pension subject to maximum of Rs. 25,000 |
e) Voluntary Retirement |
|||
1. |
10(10C) |
Amount received on Voluntary Retirement or Voluntary Separation (Subject to certain conditions) |
Least of the following is exempt from tax: 1) Actual amount received as per the guidelines i.e. least of the following a) 3 months salary for each completed year of services b) Salary at the time of retirement X No. of months of services left for retirement; or 2) Rs. 5,00,000 |
f) Provident Fund |
|||
1. |
- |
Employee’s Provident Fund |
For taxability of contribution made to various employee’s provident fund and interest arising thereon see Note 3. |
g) National Pension System (NPS) |
|||
1. | 10(12A)/10(12B) | National Pension System |
Any payment from the National Pension System Trust to an assessee on closure of his account or on his opting out of the pension scheme referred to in section 80CCD, to the extent it does not exceed 60% of the total amount payable to him at the time of such closure or his opting out of the scheme. Note: Partial withdrawal from the NPS shall be exempt to the extent of 25% of amount of contributions made by the employee. |
2. | 10(12BA) | National Pension System | Partial withdrawal from the NPS shall be exempt to the extent of 25% of amount of contributions made by the parent or guardian of a minor. |
E. |
Arrear of Salary and relief under section 89(1) |
||
1. |
15 |
Arrear of salary and advance salary |
Taxable in the year of receipt. However relief under section 89 is available |
2. |
89 |
Relief under Section 89 |
If an individual receives any portion of his salary in arrears or in advance or receives profits in lieu of salary, he can claim relief as per provisions of section 89 read with rule 21A |
3. |
89A |
Relief under Section 89A |
Relief from taxation in income from retirement benefit account maintained in a notified country in accordance with rule 21AAA |
F. |
Other Benefits |
||
1. |
- |
Lump-sum payment made gratuitously or by way of compensation or otherwise to widow or other legal heirs of an employee who dies while still in active service [Circular No. 573, dated 21-08-1990] |
Fully Exempt in the hands of widow or other legal heirs of employee |
2. |
- |
Ex-gratia payment to a person (or legal heirs) by Central or State Government, Local Authority or Public Sector Undertaking consequent upon injury to the person or death of family member while on duty [Circular No. 776, dated 08-06-1999] |
Fully Exempt in the hands of individual or legal heirs |
3. |
- |
Salary received from United Nation Organization [Circular No. 293, dated 10-02-1981] |
Fully Exempt |
4. |
10(6)(ii) |
Salary received by foreign national as an officials of an embassy, high commission, legation, consulate or trade representation of a foreign state |
Fully Exempt if corresponding official in that foreign country enjoys a similar exemption |
5. |
10(6)(vi) |
Remuneration received by non-resident foreign citizen as an employee of a foreign enterprise for services rendered in India, if: a) Foreign enterprise is not engaged in any trade or business in India b) His stay in India does not exceed in aggregate a period of 90 days in such previous year c) Such remuneration is not liable to deducted from the income of employer chargeable under this Act |
Fully exempt |
6. |
10(6)(viii) |
Salary received by a non-resident foreign national for services rendered in connection with his employment on a foreign ship if his total stay in India does not exceed 90 days in the previous year. |
Fully exempt |
7. |
- |
Salary and allowances received by a teacher /professor from SAARC member state (Subject to certain conditions). |
Fully Exempt |
Notes:
1. Motor Car (taxable only in case of specified employees [See note 4]) except when car owned by the employee is used by him or members of his household wholly for personal purposes and for which reimbursement is made by the employer)
S. No. |
Circumstances |
Engine Capacity upto 1600 cc (value of perquisite ) |
Engine Capacity above 1600 cc (value of perquisite) |
1 |
Motor Car is owned or hired by the employer |
||
1.1 |
Where maintenances and running expenses including remuneration of the chauffeur are met or reimbursed by the employer. |
||
1.1-A |
If car is used wholly and exclusively in the performance of official duties. |
Fully exempt subject to maintenance of specified documents |
Fully exempt subject to maintenance of specified documents |
1.1-B |
If car is used exclusively for the personal purposes of the employee or any member of his household. |
Actual amount of expenditure incurred by the employer on the running and maintenance of motor car including remuneration paid by the employer to the chauffeur and increased by the amount representing normal wear and tear of the motor car at 10% p.a. of the cost of vehicle less any amount charged from the employee for such use is taxable |
|
1.1-C |
The motor car is used partly in the performance of duties and partly for personal purposes of the employee or any member of his household. |
Rs. 1,800 per month (plus Rs. 900 per month, if chauffeur is also provided to run the motor car) |
Rs. 2,400 per month (plus Rs. 900 per month, if chauffeur is also provided to run the motor car) |
Nothing is deductible in respect of any amount recovered from the employee. |
|||
1.2 |
Where maintenances and running expenses are met by the employee. |
||
1.2-A |
If car is used wholly and exclusively in the performance of official duties. |
Not a perquisite, hence, not taxable |
Not a perquisite, hence, not taxable |
1.2-B |
If car is used exclusively for the personal purposes of the employee or any member of his household |
Expenditure incurred by the employer (i.e. hire charges, if car is on rent or normal wear and tear at 10% of actual cost of the car) plus salary of chauffeur if paid or payable by the employer minus amount recovered from the employee. |
|
1.2-C |
The motor car is used partly in the performance of duties and partly for personal purposes of the employee or any member of his household |
Rs. 600 per month (plus Rs. 900 per month, if chauffeur is also provided to run the motor car) |
Rs. 900 per month (plus Rs. 900 per month, if chauffeur is also provided to run the motor car) |
Nothing is deductible in respect of any amount recovered from the employee. |
|||
2 |
Motor Car is owned by the employee |
||
2.1 |
Where maintenances and running expenses including remuneration of the chauffeur are met or reimbursed by the employer. |
||
2.1-A |
The reimbursement is for the use of the vehicle wholly and exclusively for official purposes |
Fully exempt subject to maintenance of specified documents |
Fully exempt subject to maintenance of specified documents |
2.1-B |
The reimbursement is for the use of the vehicle exclusively for the personal purposes of the employee or any member of his household |
Actual expenditure incurred by the employer minus amount recovered from the employee |
|
2.1-C |
The reimbursement is for the use of the vehicle partly for official purposes and partly for personal purposes of the employee or any member of his household. |
Actual expenditure incurred by the employer minus Rs. 1800 per month and Rs. 900 per month if chauffer is also provided minus amount recovered from employee. |
Actual expenditure incurred by the employer minus Rs. 2400 per month and Rs. 900 per month if chauffer is also provided minus amount recovered from employee. |
3 |
Where the employee owns any other automotive conveyance and actual running and maintenance charges are met or reimbursed by the employer |
||
3.1 |
Reimbursement for the use of the vehicle wholly and exclusively for official purposes; |
Fully exempt subject to maintenance of specified documents |
Fully exempt subject to maintenance of specified documents |
3.2 |
Reimbursement for the use of vehicle partly for official purposes and partly for personal purposes of the employee. |
Actual expenditure incurred by the employer minus Rs. 900 per month minus amount recovered from employee |
Not Applicable |
2. Educational Facilities
Taxable only in the hands of specified employees [See note 4]
Facility extended to |
Value of perquisite |
|
Provided in the school owned by the employer |
Provided in any other school |
|
Children |
Cost of such education in similar school less Rs. 1,000 per month per child (irrespective of numbers of children) less amount recovered from employee |
Amount incurred less amount recovered from employee (an exemption of Rs. 1,000 per month per child is allowed) |
Other family member |
Cost of such education in similar school less amount recovered from employee |
Cost of such education incurred |
2.1 Other Educational Facilities
Particulars |
Taxable Value of Perquisites |
Reimbursement of school fees of children or family member of employees |
Fully taxable |
Free educational facilities/ training of employees |
Fully exempt |
3. Employees Provident Fund
Tax treatment in respect of contributions made to and payment from various provident funds are summarized in the table given below:
Particulars |
Statutory provident fund |
Recognized provident fund |
Unrecognized provident fund |
Public provident fund |
|
Employers contribution to provident fund |
Fully Exempt |
Exempt only to the extent of 12% of salary* |
Fully Exempt |
- |
|
Deduction under section 80C on employees contribution |
Available |
Available |
Not Available |
Available |
|
Interest credited to provident fund |
Fully Exempt |
Exempt only to the extent rate of interest does not exceed 9.5% |
Fully Exempt |
Fully Exempt |
|
Payment received at the time of retirement or termination of service |
Fully Exempt |
Fully Exempt (Subject to certain conditions and circumstances) |
Fully Taxable (except employee’s contribution) |
Fully Exempt |
* Salary = Basic Pay + Dearness Allowance (to the extent it forms part of retirement benefits) + turnover based commission
Payment from recognized provident fund shall be exempt in the hands of employees in following circumstances:
a) If employee has rendered continue service with his employer (including previous employer, when PF account is transferred to current employer) for a period of 5 years or more
b) If employee has been terminated because of certain reasons which are beyond his control (ill health, discontinuation of business of employer, etc.)
Note:
No exemption shall be available for the interest income accrued during the previous year in the recognised and statutory provident fund to the extent it relates to the contribution made by the employees over Rs. 2,50,000 in the previous year.
However, if an employee is contributing to the fund but there is no contribution to such fund by the employer, then the interest income accrued during the previous year shall be taxable to the extent it relates to the contribution made by the employee to that fund in excess of Rs. 5,00,000 in a financial year.
4. Specified Employee
The following employees are deemed as specified employees:
1) A director-employee
2) An employee who has substantial interest (i.e. beneficial owner of equity shares carrying 20% or more voting power) in the employer-company
3) An employee whose monetary income* under the salary exceeds such amount as may be prescribed.
*Monetary Income means Income chargeable under the salary but excluding perquisite value of all non-monetary perquisites
[As amended by Finance Act, 2025]
Disclaimer:
The contents of this document are for information purposes only. This aims to enable public to have a quick and an easy access to information and do not purport to be legal documents.
Viewers are advised to verify the content from Government Acts/Rules/Notifications etc.
Treatment of Income from Different Sources
[As amended by Finance Act, 2025]
I. Income under the head Salaries
1.1 Salary is defined to include:
a) Wages
b) Annuity
c) Pension
d) Gratuity
e) Fees, Commission, Perquisites, Profits in lieu of or in addition to Salary or Wages
f) Advance of Salary
g) Leave Encashment
h) Annual accretion to the balance of Recognized Provident Fund
i) Transferred balance in Recognized Provident Fund
j) Contribution by Central Government or any other employer to Employees Pension Account as referred in Sec. 80CCD
1.2 Points to consider:
a) Salary income is chargeable to tax on “due basis” or “receipt basis” whichever is earlier.
b) Existence of relationship of employer and employee is must between the payer and payee to tax the income under this head.
c) Income from salary taxable during the year shall consists of following:
i. Salary due from employer (including former employer) to taxpayer during the previous year, whether paid or not;
ii. Salary paid by employer (including former employer) to taxpayer during the previous year before it became due;
iii. Arrear of salary paid by the employer (including former employer) to taxpayer during the previous year, if not charged to tax in any earlier year;
Exceptions - Remuneration, bonus or commission received by a partner from the firm is not taxable under the head Salaries rather it would be taxable under the head business or profession.
1.3 Place of accrual of salary:
a) Salary accrues where the services are rendered even if it is paid outside India;
b) Salary paid by the Foreign Government to his employee serving in India is taxable under the head Salaries;
c) Leave salary paid abroad in respect of leave earned in India shall be deemed to accrue or arise in India.
Exceptions - If a Citizen of India render services outside India, and receives salary from Government of India, it would be taxable as salary deemed to have accrued in India.
1.4 Taxability of various components of salary:
S.No. |
Section |
Particulars |
Taxability/Exemption |
1. |
17 |
Basic salary |
Fully taxable |
2. |
17 |
Dearness Allowance (referred to as ‘DA’) |
Fully taxable |
3. |
17 |
Bonus, fees or commission |
Fully taxable |
A. |
Allowances |
||
4. |
10(13A) read with Rule 2A |
House rent allowance |
Least of the following is exempt: a) Actual HRA Received b) 40% of Salary (50%, if house situated in Mumbai, Calcutta, Delhi or Chennai) c) Rent paid minus 10% of salary * Salary = Basic + DA (if part of retirement benefit) + Turnover based Commission Note: i. Fully taxable, if HRA is received by an employee who is living in his own house or if he does not pay any rent ii. It is mandatory for employee to report PAN of the landlord to the employer if rent paid is more than Rs. 1,00,000 [Circular No. 08 /2013 dated 10-10-2013]. |
5. |
10(14) |
Children education allowance |
Up to Rs. 100 per month per child up to a maximum of 2 children is exempt |
6. |
10(14) |
Hostel expenditure allowance |
Up to Rs. 300 per month per child up to a maximum of 2 children is exempt |
7. |
10(14) |
Transport Allowance granted to an employee to meet expenditure for the purpose of commuting between place of residence and place of duty |
Rs. 3,200 per month granted to an employee, who is blind or deaf and dumb or orthopedically handicapped with disability of lower extremities |
8. |
Sec. 10(14) |
Allowance granted to an employee working in any transport business to meet his personal expenditure during his duty performed in the course of running of such transport from one place to another place provided employee is not in receipt of daily allowance. |
Amount of exemption shall be lower of following: a) 70% of such allowance; or b) Rs. 10,000 per month. |
9. |
10(14) |
Conveyance allowance granted to meet the expenditure on conveyance in performance of duties of an office |
Exempt to the extent of expenditure incurred for official purposes |
10. |
10(14) |
Travelling allowance to meet the cost of travel on tour or on transfer |
Exempt to the extent of expenditure incurred for official purposes |
11. |
10(14) |
Daily allowance to meet the ordinary daily charges incurred by an employee on account of absence from his normal place of duty |
Exempt to the extent of expenditure incurred for official purposes |
12. |
10(14) |
Helper/Assistant allowance |
Exempt to the extent of expenditure incurred for official purposes |
13. |
10(14) |
Research allowance granted for encouraging the academic research and other professional pursuits |
Exempt to the extent of expenditure incurred for official purposes |
14. |
10(14) |
Uniform allowance |
Exempt to the extent of expenditure incurred for official purposes |
15. |
10(7) |
Any allowance or perquisite paid or allowed by Government to its employees (an Indian citizen) posted outside India |
Fully Exempt |
16. |
- |
Allowances to Judges of High Court/Supreme Court (Subject to certain conditions) |
Fully Exempt. |
17. |
10(45) |
Following allowances and perquisites given to serving Chairman/Member of UPSC is exempt from tax: a) Value of rent free official residence b) Value of conveyance facilities including transport allowance c) Sumptuary allowance d) Leave travel concession |
Fully Exempt |
19. |
Sec. 10(14) read with Rule 2BB |
Special compensatory Allowance (Hilly Areas) (Subject to certain conditions and locations) |
Amount exempt from tax varies from Rs. 300 to Rs. 7,000 per month. |
20. |
Sec. 10(14) read with Rule 2BB |
Border area, Remote Locality or Disturbed Area or Difficult Area Allowance (Subject to certain conditions and locations) |
Amount exempt from tax varies from Rs. 200 to Rs. 1,300 per month. |
21. |
Sec. 10(14) read with Rule 2BB |
Tribal area allowance in (a) Madhya Pradesh (b) Tamil Nadu (c) Uttar Pradesh (d) Karnataka (e) Tripura (f) Assam (g) West Bengal (h) Bihar (i) Odisha |
Up to Rs. 200 per month is exempt |
22. |
Sec. 10(14) read with Rule 2BB |
Compensatory Field Area Allowance. If this exemption is taken, employee cannot claim any exemption in respect of border area allowance (Subject to certain conditions and locations) |
Up to Rs. 2,600 per month is exempt |
23. |
Sec. 10(14) read with Rule 2BB |
Compensatory Modified Area Allowance. If this exemption is taken, employee cannot claim any exemption in respect of border area allowance (Subject to certain conditions and locations) |
Up to Rs. 1,000 per month is exempt |
24. |
Sec. 10(14) read with Rule 2BB |
Counter Insurgency Allowance granted to members of Armed Forces operating in areas away from their permanent locations. If this exemption is taken, employee cannot claim any exemption in respect of border area allowance (Subject to certain conditions and locations) |
Up to Rs. 3,900 per month is exempt |
25. |
Sec. 10(14) read with Rule 2BB |
Underground Allowance to employees working in uncongenial, unnatural climate in underground mines |
Up to Rs. 800 per month is exempt |
26. |
Sec. 10(14) read with Rule 2BB |
High Altitude Allowance granted to armed forces operating in high altitude areas (Subject to certain conditions and locations) |
a) Up to Rs. 1,060 per month (for altitude of 9,000 to 15,000 feet) is exempt b) Up to Rs. 1,600 per month (for altitude above 15,000 feet) is exempt |
27. |
Sec. 10(14) read with Rule 2BB |
Highly active field area allowance granted to members of armed forces (Subject to certain conditions and locations) |
Up to Rs. 4,200 per month is exempt |
28. |
Sec. 10(14) read with Rule 2BB |
Island Duty Allowance granted to members of armed forces in Andaman and Nicobar and Lakshadweep group of Island (Subject to certain conditions and locations) |
Up to Rs. 3,250 per month is exempt |
29. |
10(14) |
City Compensatory Allowance |
Fully Taxable |
30. |
10(14) |
Fixed Medical Allowance |
Fully Taxable |
31. |
10(14) |
Tiffin, Lunch, Dinner or Refreshment Allowance |
Fully Taxable |
32. |
10(14) |
Servant Allowance |
Fully Taxable |
33. |
10(14) |
Project Allowance |
Fully Taxable |
34. |
10(14) |
Overtime Allowance |
Fully Taxable |
35. |
10(14) |
Telephone Allowance |
Fully Taxable |
36. |
10(14) |
Holiday Allowance |
Fully Taxable |
37. |
10(14) |
Any Other Cash Allowance |
Fully Taxable |
38. |
10(5) |
Leave Travel Concession or Assistance (LTC/LTA), extended by an employer to an employee for going anywhere in India along with his family* *Family includes spouse, children and dependent brother/sister/parents. However, family doesn’t include more than 2 children of an Individual born on or after 01-10-1998. (Subject to certain conditions) |
The exemption shall be limited to fare for going anywhere in India along with family twice in a block of four years: • Where journey is performed by Air - Exemption up to Air fare of economy class in the National Carrier by the shortest route • Where journey is performed by Rail - Exemption up to air-conditioned first class rail fare by the shortest route • If places of origin of journey and destination are connected by rail but the journey is performed by any other mode of transport - Exemption up to air-conditioned first class rail fare by the shortest route. • Where the places of origin of journey and destination are not connected by rail: * Where a recognized public transport system exists - Exemption up to first Class or deluxe class fare by the shortest route * Where no recognized public transport system exists - Exemption up to air conditioned first class rail fare by shortest route. Notes: i. Two journeys in a block of 4 calendar years is exempt ii. Taxable only in case of Specified Employees [See note 4] |
B. |
Perquisites |
||
39. |
17(2)(i) |
Rent free accommodation provided to assessee by his employer |
Taxable (computed in manner prescribed by the board) |
40. |
17(2)(ii) |
Value of any accommodation provided to assessee by his employer at concessional rate |
Taxable (computed in manner prescribed by the board) |
41. |
17(2)(viii) read with Rule 3(2) |
Motor Car / Other Conveyance |
Taxable value of perquisites (See Note 1 below) |
42. | 17(2)(iv) | Any sum paid by employer in respect of any obligation of an employee | Fully Taxable |
43. |
17(2)(viii) read with Rule 3(3) |
Services of a domestic servant including sweeper, gardener, watchmen or personal attendant (taxable only in case of specified employee [See Note 4]) |
Taxable value of perquisite shall be salary paid or payable by the employer for such services less any amount recovered from the employee. |
44. |
17(2)(viii) read with Rule 3(4) |
Supply of gas, electricity or water for household purposes |
Taxable value of perquisites: • Manufacturing cost per unit incurred by the employer., if provided from resources owned by the employer; • Amount paid by the employer, if purchased by the employer from outside agency Note: 1. Any amount recovered from the employee shall be deducted from the taxable value of perquisite. 2. Taxable in case of specified employees only [See note 4] |
45. |
17(2)(viii) read with Rule 3(5) |
Education Facilities |
Taxable value of perquisites (See Note 2 below) |
46. |
17(2)(viii) read with Rule 3(6) |
Transport facilities provided by the employer engaged in carriage of passenger or goods (except Airlines or Railways) |
Value at which services are offered by the employer to the public less amount recovered from the employee shall be a taxable perquisite |
47. |
17(2)(v) |
Amount payable by the employer to effect an insurance on life of employee or to effect a contract for an annuity |
Fully Taxable |
48. |
17(2)(vi) read with Rule 3(8)/3(9) |
ESOP/ Sweat Equity Shares |
Fair Market value of shares or securities on the date of exercise of option by the assessee less amount recovered from the employee in respect of such shares shall be the taxable value of perquisites. Fair Market Value shall be determined as follows: a) In case of listed Shares: Average of opening and closing price as on date of exercise of option (Subject to certain conditions and circumstances) b) In case of unlisted shares/ security other than equity shares: Value determined by a Merchant Banker as on date of exercise of option or an earlier date, not being a date which is more than 180 days earlier than the date of exercise of the option. Note: The Finance Act, 2020 has deferred the taxation of perquisite in case of start-ups from date of allotment to the earliest of the following three dates: 1. Expiry of 48 months from the end of the relevant assessment year; 2. Sale of such shares by the employees; 3. Date on which employee ceases to be employee of the start-up. The eligible start-up shall accordingly, be required to deposit tax with the government within 14 days of the happening of any of the above events (whichever is earlier). However, Section 17(2)(vi) has not been amended, thus the income shall be computed in the year in which shares are allotted but tax shall be paid in subsequent year. |
49. |
17(2)(vii) |
Employer’s contribution towards superannuation fund national pension scheme and recognised provident fund. |
Taxable in the hands of employee to the extent such contribution exceeds Rs.7,50,000 |
50. |
17(2)(viii) read with Rule 3(7)(i) |
Interest free loan or Loan at concessional rate of interest |
Interest free loan or loan at concessional rate of interest given by an employer to the employee (or any member of his household) is a perquisite chargeable to tax in the hands of all employees on following basis: 1) Find out the “maximum outstanding monthly balance” (i.e. the aggregate outstanding balance for each loan as on the last day of each month); 2) Find out rate of interest charged by the SBI as on the first day of relevant previous year in respect of loan for the same purpose advanced by it; 3) Calculate interest for each month of the previous year on the outstanding amount (mentioned in Step 1) at the rate of interest given in Step 2 4) From the total interest calculated for the entire previous year (step 3), deduct interest actually recovered, if any, from employee 5) The balance amount (Step 3-Step 4) is taxable value of perquisite Nothing is taxable if: a) Loan in aggregate does not exceed Rs. 20,000; or b) Loan is provided for treatment of specified diseases ( Rule 3A) like neurological diseases, Cancer, AIDS, Chronic renal failure, Hemophilia (specified diseases). However, exemption is not applicable to so much of the loan as has been reimbursed to the employee under any medical insurance scheme. |
51. |
17(2)(viii) read with Rule 3(7)(ii) |
Facility of travelling, touring and accommodation availed of by the employee or any member of his household for any holiday |
a) Taxable value of perquisite shall be expenditure incurred by the employer less amount recovered from employee. b) Where such facility is maintained by the employer, and is not available uniformly to all employees, the value of benefit shall be taken to be the value at which such facilities are offered by other agencies to the public. |
52. |
17(2)(viii) read with Rule 3(7)(iii) |
Free food and beverages provided to the employee |
1) Fully Taxable: Free meals in excess of Rs. 50 per meal less amount paid by the employee shall be a taxable perquisite 2) Exempt from tax: Following free meals shall be exempt from tax: a) Food and non-alcoholic beverages provided during working hours in remote area or in an offshore installation; b) Tea, Coffee or Non-Alcoholic beverages and Snacks during working hours are tax free perquisites; c) Food in office premises or through non-transferable paid vouchers usable only at eating joints provided by an employer is not taxable, if cost to the employer is Rs. 50(or less) per meal. |
53. |
17(2)(viii) read with Rule 3(7)(iv) |
Gift or Voucher or Coupon on ceremonial occasions or otherwise provided to the employee |
a) Gifts in cash or convertible into money (like gift cheque) are fully taxable b) Gift in kind below Rs.5,000 in aggregate per annum would be exempt, beyond which it would be taxable. |
54. |
17(2)(viii) read with Rule 3(7)(v) |
Credit Card |
a) Expenditure incurred by the employer in respect of credit card used by the employee or any member of his household less amount recovered from the employee is a taxable perquisite b) Expenses incurred for official purposes shall not be a taxable perquisite provided complete details in respect of such expenditure are maintained by the employer |
55. |
17(2)(viii) read with Rule 3(7)(vi) |
Free Recreation/ Club Facilities |
a) Expenditure incurred by the employer towards annual or periodical fee etc. (excluding initial fee to acquire corporate membership) less amount recovered from the employee is a taxable perquisite b) Expenses incurred on club facilities for the official purposes are exempt from tax. c) Use of health club, sports and similar facilities provided uniformly to all employees shall be exempt from tax. |
56. |
17(2)(viii) read with Rule 3(7)(vii) |
Use of movable assets of the employer by the employee is a taxable perquisite |
Taxable value of perquisites a) Use of Laptops and Computers: Nil b) Movable asset other than Laptops, computers and Motor Car*: 10% of original cost of the asset (if asset is owned by the employer) or actual higher charges incurred by the employer (if asset is taken on rent) less amount recovered from employee. *See Note 1 for computation of perquisite value in case of use of the Motor Car |
57. |
17(2)(viii) read with Rule 3(7)(viii) |
Transfer of movable assets by an employer to its employee |
Taxable value of perquisites a) Computers, Laptop and Electronics items: Actual cost of asset less depreciation at 50% (using reducing balance method) for each completed year of usage by employer less amount recovered from the employee b) Motor Car: Actual cost of asset less depreciation at 20% (using reducing balance method) for each completed year of usage by employer less amount recovered from the employee c) Other movable assets: Actual cost of asset less depreciation at 10% (on SLM basis) for each completed year of usage by employer less amount recovered from the employee. |
58. |
17(2)(viii) read with Rule 3(7)(ix) |
Any other benefit or amenity extended by employer to employee |
Taxable value of perquisite shall be computed on the basis of cost to the employer (under an arm’s length transaction) less amount recovered from the employee. However, expenses on telephones including a mobile phone incurred by the employer on behalf of employee shall not be treated as taxable perquisite. |
59. |
10(10CC) |
Tax paid by the employer on perquisites (not provided for by way of monetary payments) given to employee |
Fully exempt |
60. |
Proviso to section 17(2) |
Medical facilities in India |
a) Expense incurred or reimbursed by the employer for the medical treatment of the employee or his family (spouse and children, dependent - parents, brothers and sisters) in any of the following hospital is not chargeable to tax in the hands of the employee: i. Hospital maintained by the employer. ii. Hospital maintained by the Government or Local Authority or any other hospital approved by Central Government iii. Hospital approved by the Chief Commissioner having regard to the prescribed guidelines for treatment of the prescribed diseases. b) Medical insurance premium paid or reimbursed by the employer is not chargeable to tax. However, the medical facility is taxable only in case of Specified Employees [See note 4] |
61. |
Proviso to section 17(2) |
Medical facilities outside India |
Any expenditure incurred or reimbursed by the employer for medical treatment of the employee or his family member outside India is exempt to the extent of following (subject to certain condition): a. Expenses on medical treatment - exempt to the extent permitted by RBI. b. Expenses on stay abroad for patient and one attendant - exempt to the extent permitted by RBI. c. Expenditure incurred on travelling of patient and one attendant- exempt, if Gross Total Income (before including the travel expenditure) of the employee, does not exceed Rs. 2,00,000. |
62. |
Proviso to section 17(2) |
Medical facility or reimbursement for COVID-19 treatment |
Any sum paid by the employer in respect of any expenditure actually incurred by the employee on his medical treatment or treatment of any member of his family in respect of any illness relating to Covid-19, shall not be taxable as perquisite in the hands of the employee. However, this benefit shall be allowed subject to certain conditions as may be notified by the Government in this behalf. [applicable w.e.f. Assessment Year 2020-21] |
C. |
Deduction from salary |
||
1. | 16(ia) | Standard Deduction |
In case of normal tax regime • Rs. 50,000 or the amount of salary, whichever is lower In case of new tax regime under section 115BAC(1A)(ii) • Rs. 75,000 or the amount of salary, whichever is lower |
2. |
16 (ii) |
Entertainment Allowance received by the Government employees (Fully taxable in case of other employees) |
Least of the following is exempt from tax: a) Rs 5,000 b) 1/5th of salary (excluding any allowance, benefits or other perquisite) c) Actual entertainment allowance received |
3. |
16(iii) |
Employment Tax/Professional Tax. |
Amount actually paid during the year. However, if professional tax is paid by the employer on behalf of its employee than it is first included in the salary of the employee as a perquisite and then same amount is allowed as deduction. |
D. |
Retirement Benefits |
||
Leave Encashment |
|||
1. |
10(10AA) |
Encashment of unutilized earned leave at the time of retirement of Government employees |
Fully Exempt |
2. |
10(10AA) |
Encashment of unutilized earned leave at the time of retirement of other employees (not being a Government employee) |
Least of the following shall be exempt from tax: a) Amount actually received b) Unutilized earned leave* X Average monthly salary c) 10 months Average Salary** d) Rs. 25,00,000 * While computing unutilized earned leave, earned leave entitlements cannot exceed 30 days for each completed year of service rendered to the current employer ** Average salary = Average Salary*** of last 10 months immediately preceding the retirement ***Salary = Basic Pay + DA (to the extent it forms part of retirement benefits)+ turnover based commission |
Retrenchment Compensation |
|||
3. |
10(10B) |
Retrenchment Compensation received by a workman under the Industrial Dispute Act, 1947 (Subject to certain conditions). |
Least of the following shall be exempt from tax: a) Amount calculated as per section 25F(b)of the Industrial Disputes Act, 1947; b) Rs. 5,00,000; or c) Amount actually received Note: i. Relief under Section 89(1) is available ii. 15 days average pay for each completed year of continuous service or any part thereof in excess of 6 months is to be adopted under section 25F(b) of the Industrial Disputes Act, 1947 |
Gratuity |
|||
4. |
10(10)(i) |
Gratuity received by Government Employees (Other than employees of statutory corporations) |
Fully Exempt |
5. |
10(10)(ii) |
Death -cum-Retirement Gratuity received by other employees who are covered under Gratuity Act, 1972 (other than Government employee) (Subject to certain conditions). |
Least of following amount is exempt from tax: 1. (*15/26) X Last drawn salary** X completed year of service or part thereof in excess of 6 months. 2. Rs. 20,00,000 3. Gratuity actually received. *7 days in case of employee of seasonal establishment. ** Salary = Last drawn salary including DA but excluding any bonus, commission, HRA, overtime and any other allowance, benefits or perquisite |
6. |
10(10)(iii) |
Death -cum-Retirement Gratuity received by other employees who are not covered under Gratuity Act, 1972 (other than Government employee) (Subject to certain conditions). |
Least of following amount is exempt from tax: 1. Half month’s Average Salary* X Completed years of service 2. Rs. 20,00,000 3. Gratuity actually received. *Average salary = Average Salary of last 10 months immediately preceding the month of retirement ** Salary = Basic Pay + DA (to the extent it forms part of retirement benefits)+ turnover based commission |
Pension |
|||
7. |
- |
Pension received from United Nation Organization by the employee of his family members |
Fully Exempt |
8. |
10(10A)(i) |
Commuted Pension received by an employee of Central Government, State Government, Local Authority Employees and Statutory Corporation |
Fully Exempt |
9. |
10(10A)(ii) |
Commuted Pension received by other employees who also receive gratuity |
1/3 of full value of commuted pension will be exempt from tax |
10. |
10(10A)(iii) |
Commuted Pension received by other employees who do not receive any gratuity |
1/2 of full value of commuted pension will be exempt from tax |
10A. |
10(10A)(iii) |
Commuted Pension received from a fund under clause (23AAB) |
Fully Exempt |
11. |
10(19) |
Family Pension received by the family members of Armed Forces |
Fully Exempt |
12. |
57(iia) |
Family pension received by family members in any other case |
In case of normal tax regime:
• 33.33% of Family Pension subject to maximum of Rs. 15,000 In case of new tax regime under section 115BAC(1A)(ii) • 33.33% of Family Pension subject to maximum of Rs. 25,000 |
Voluntary Retirement |
|||
13. |
10(10C) |
Amount received on Voluntary Retirement or Voluntary Separation (Subject to certain conditions) |
Least of the following is exempt from tax: 1) Actual amount received as per the guidelines i.e. least of the following a) 3 months salary for each completed year of services b) Salary at the time of retirement X No. of months of services left for retirement; or 2) Rs. 5,00,000 |
Provident Fund |
|||
14. |
- |
Employee’s Provident Fund |
For taxability of contribution made to various employee’s provident fund and interest arising thereon see Note 3. |
National Pension System (NPS) | |||
15. | 10(12A)/10(12B) | National Pension System |
Any payment from the National Pension System Trust to an assessee on closure of his account or on his opting out of the pension scheme referred to in section 80CCD, to the extent it does not exceed 60% of the total amount payable to him at the time of such closure or his opting out of the scheme. Note: Partial withdrawal from NPS shall be exempt to the extent of 25% of amount of contributions made by the employee. |
2. | 10(12BA) | National Pension System | Partial withdrawal from the NPS shall be exempt to the extent of 25% of amount of contributions made by the parent or guardian of a minor. |
E. |
Arrear of Salary and relief under section 89(1) |
||
1. |
15 |
Arrear of salary and advance salary |
Taxable in the year of receipt. However relief under section 89 is available |
2. |
89 |
Relief under Section 89 |
If an individual receives any portion of his salary in arrears or in advance or receives profits in lieu of salary, he can claim relief as per provisions of section 89 read with rule 21A |
3. |
89A |
Relief under 89A |
Relief from taxation in income from retirement benefit account maintained in a notified country in accordance with Rule 21AAA. |
F. |
Other Benefits |
||
1. |
- |
Lump-sum payment made gratuitously or by way of compensation or otherwise to widow or other legal heirs of an employee who dies while still in active service [Circular No. 573, dated 21-08-1990] |
Fully exempt in the hands of widow or other legal heirs of employee |
2. |
- |
Ex-gratia payment to a person (or legal heirs) by Central or State Government, Local Authority or Public Sector Undertaking consequent upon injury to the person or death of family member while on duty [Circular No. 776, dated 08-06-1999] |
Fully exempt in the hands of individual or legal heirs |
3. |
- |
Salary received from United Nation Organization [Circular No. 293, dated 10-02-1981] |
Fully exempt |
4. |
10(6)(ii) |
Salary received by foreign national as an officials of an embassy, high commission, legation, consulate or trade representation of a foreign state |
Fully exempt if corresponding official in that foreign country enjoys a similar exemption |
5. |
10(6)(vi) |
Remuneration received by non-resident foreign citizen as an employee of a foreign enterprise for services rendered in India, if: a) Foreign enterprise is not engaged in any trade or business in India b) His stay in India does not exceed in aggregate a period of 90 days in such previous year c) Such remuneration is not liable to deducted from the income of employer chargeable under this Act |
Fully exempt |
6. |
10(6)(viii) |
Salary received by a non-resident foreign national for services rendered in connection with his employment on a foreign ship if his total stay in India does not exceed 90 days in the previous year. |
Fully exempt |
7. |
- |
Salary and allowances received by a teacher /professor from SAARC member state (Subject to certain conditions). |
Fully exempt |
Notes:
1. Motor Car (taxable only in case of specified employees [See note 4] except when car owned by the employee is used by him or members of his household wholly for personal purposes and for which reimbursement is made by the employer)
S. No. |
Circumstances |
Engine Capacity up to 1600 cc |
Engine Capacity above 1600 cc |
1 |
Motor Car is owned or hired by the employer |
||
1.1 |
Where maintenances and running expenses including remuneration of the chauffeur are met or reimbursed by the employer. |
||
1.1-A |
Used wholly and exclusively in the performance of official duties. |
Fully exempt subject to maintenance of specified documents |
Fully exempt subject to maintenance of specified documents |
1.1-B |
Used exclusively for the personal purposes of the employee or any member of his household. |
Actual amount of expenditure incurred by the employer on the running and maintenance of motor car including remuneration paid by the employer to the chauffeur and increased by the amount representing normal wear and tear of the motor car at 10% per annum of the cost of vehicle less any amount charged from the employee for such use is taxable value of perquisite. |
|
1.1-C |
The motor car is used partly in the performance of duties and partly for personal purposes of the employee or any member of his household. |
Rs. 1,800 per month (plus Rs. 900 per month, if chauffeur is also provided to run the motor car) shall be taxable value of perquisite |
Rs. 2,400 per month (plus Rs. 900 per month, if chauffeur is also provided to run the motor car) shall be taxable value of perquisite |
Nothing is deductible in respect of any amount recovered from the employee. |
|||
1.2 |
Where maintenances and running expenses are met by the employee. |
||
1.2-A |
Used wholly and exclusively in the performance of official duties. |
Not a perquisite, hence, not taxable |
Not a perquisite, hence, not taxable |
1.2-B |
Used exclusively for the personal purposes of the employee or any member of his household |
Expenditure incurred by the employer (i.e. hire charges, if car is on rent or normal wear and tear at 10% of actual cost of the car, if car is owned by the employer) plus salary of chauffeur if paid or payable by the employer minus amount recovered from the employee. |
|
1.2-C |
The motor car is used partly in the performance of duties and partly for personal purposes of the employee or any member of his household |
Rs. 600 per month (plus Rs. 900 per month, if chauffeur is also provided to run the motor car) shall be taxable value of perquisite |
Rs. 900 per month (plus Rs. 900 per month, if chauffeur is also provided to run the motor car) shall be taxable value of perquisite |
Nothing is deductible in respect of any amount recovered from the employee. |
|||
2 |
Motor Car is owned by the employee |
||
2.1 |
Where maintenances and running expenses including remuneration of the chauffeur are met or reimbursed by the employer. |
||
2.1-A |
The reimbursement is for the use of the vehicle wholly and exclusively for official purposes |
Fully exempt subject to maintenance of specified documents |
Fully exempt subject to maintenance of specified documents |
2.1-B |
The reimbursement is for the use of the vehicle exclusively for the personal purposes of the employee or any member of his household (taxable in case of specified employee as well as non-specified employee) |
Actual expenditure incurred by the employer minus amount recovered from the employee |
|
2.1-C |
The reimbursement is for the use of the vehicle partly for official purposes and partly for personal purposes of the employee or any member of his household. |
Actual expenditure incurred by the employer minus Rs. 1800 per month and Rs. 900 per month if chauffer is also provided minus amount recovered from employee shall be taxable value of perquisite. |
Actual expenditure incurred by the employer minus Rs. 2400 per month and Rs. 900 per month if chauffer is also provided minus amount recovered from employee shall be taxable value of perquisite. |
3 |
Where the employee owns any other automotive conveyance and actual running and maintenance charges are met or reimbursed by the employer |
||
3.1 |
Reimbursement for the use of the vehicle wholly and exclusively for official purposes; |
Fully exempt subject to maintenance of specified documents |
Fully exempt subject to maintenance of specified documents |
3.2 |
Reimbursement for the use of vehicle partly for official purposes and partly for personal purposes of the employee. |
Actual expenditure incurred by the employer as reduced by Rs. 900 per month |
Not Applicable |
2. Educational Facilities
Taxable only in the hands of specified employees [See note 4]
Facility extended to |
Value of perquisite |
|
Provided in the school owned by the employer |
Provided in any other school |
|
Children |
Cost of such education in similar school less Rs. 1,000 per month per child (irrespective of numbers of children) less amount recovered from employee |
Amount incurred less amount recovered from employee (an exemption of Rs. 1,000 per month per child is allowed) |
Other family member |
Cost of such education in similar school less amount recovered from employee |
Cost of such education incurred |
2.1 Other Educational Facilities
Particulars |
Taxable Value of Perquisites |
Reimbursement of school fees of children or family member of employees |
Fully taxable |
Free educational facilities/ training of employees |
Fully exempt |
3. Employees Provident Fund
Tax treatment in respect of contributions made to and payment from various provident funds are summarized in the table given below:
Particulars |
Statutory provident fund |
Recognized provident fund |
Unrecognized provident fund |
Public provident fund |
Employers contribution to provident fund |
Fully Exempt |
Exempt only to the extent of 12% of salary* |
Fully Exempt |
- |
Deduction under section 80C on employees contribution |
Available |
Available |
Not Available |
Available |
Interest credited to provident fund |
Fully Exempt |
Exempt only to the extent rate of interest does not exceed 9.5% |
Fully Exempt |
Fully Exempt |
Payment received at the time of retirement or termination of service |
Fully Exempt |
Fully Exempt (Subject to certain conditions and circumstances) |
Fully Taxable (except employee’s contribution) |
Fully Exempt |
* Salary = Basic Pay + Dearness Allowance (to the extent it forms part of retirement benefits) + turnover based commission
Payment from recognized provident fund shall be exempt in the hands of employees in following circumstances:
a) If employee has rendered continue service with his employer (including previous employer, when PF account is transferred to current employer) for a period of 5 years or more
b) If employee has been terminated because of certain reasons which are beyond his control (ill health, discontinuation of business of employer, etc.)
Note:
No exemption shall be available for the interest income accrued during the previous year in the recognised and statutory provident fund to the extent it relates to the contribution made by the employees over Rs. 2,50,000 in the previous year.
However, if an employee is contributing to the fund but there is no contribution to such fund by the employer, then the interest income accrued during the previous year shall be taxable to the extent it relates to the contribution made by the employee to that fund in excess of Rs. 5,00,000 in a financial year.
4. Specified Employee
The following employees are deemed as specified employees:
1) A director-employee
2) An employee who has substantial interest (i.e. beneficial owner of equity shares carrying 20% or more voting power) in the employer-company
3) An employee whose monetary income* under the salary exceeds the specified limit.
*Monetary Income means Income chargeable under the salary but excluding perquisite value of all non-monetary perquisites
II. Income under the House Properties
2.1 Basis of Charge [Section 22]:
Income from house property shall be taxable under this head if following conditions are satisfied:
a) The house property should consist of any building or land appurtenant thereto;
b) The taxpayer should be the owner of the property;
c) The house property should not be used for the purpose of business or profession carried on by the taxpayer.
2.2 Computation of income from house property:
Income from a house property shall be determined in the following manner:
Particulars |
Amount |
Gross Annual Value |
- |
Less: Municipal Taxes |
- |
Net Annual Value |
**** |
Less: Standard deduction at 30% [Section 24(a)] |
- |
Less: Interest on borrowed capital [Section 24(b)] |
- |
Income from house property |
**** |
2.3 Gross Annual value [Sec. 23(1)]
The Gross Annual Value of the house property shall be higher of following:
a) Expected rent, i.e., the sum for which the property might reasonably be expected to be let out from year to year. Expected rent shall be higher of municipal valuation or fair rent of the property, subject to maximum of standard rent;
b) Rent actually received or receivable after excluding unrealized rent but before deducting loss due to vacancy
Out of sum computed above, any loss incurred due to vacancy in the house property shall be deducted and the remaining sum so computed shall be deemed to the gross annual value.
2.4 Deductions:
Description |
Nature of Deductions |
Municipal Taxes |
Municipal taxes including service-taxes levied by any local authority in respect of house property is allowed as deduction, if: a) Taxes are borne by the owner; and b) Taxes are actually paid by him during the year. |
Standard Deduction[Section 24(a)] |
30% of net annual value of the house property is allowed as deduction if property is let-out during the previous year. |
Interest on Borrowed Capital * [Section 24(b)] |
a) In respect of let-out property, actual interest incurred on capital borrowed for the purpose of acquisition, construction, repairing, re-construction shall be allowed as deduction |
b) In respect of self-occupied residential house property, interest incurred on capital borrowed for the purpose of acquisition or construction of house property shall be allowed as deduction up to Rs. 2 lakhs. The deduction shall be allowed if capital is borrowed on or after 01-04-1999 and acquisition or construction of house property is completed within 5 years. |
|
c) In respect of self-occupied residential house property, interest incurred on capital borrowed for the purpose of reconstruction, repairs or renewals of a house property shall be allowed as deduction up to Rs. 30,000. |
* Any interest pertaining to the period prior to the year of acquisition/ construction of the house property shall be allowed as deduction in five equal installments, beginning with the year in which the property was acquired/ constructed.
* Deduction for interest on borrowed capital shall be limited to Rs. 30,000 in following circumstances:
a) If capital is borrowed before 01-04-1999 for the purpose of purchase or construction of a house property;
b) If capital is borrowed on or after 01-04-1999 for the purpose of re-construction, repairs or renewals of a house property;
c) If capital is borrowed on or after 01-04-1999 but construction of house property is not completed within five years from end of the previous year in which capital was borrowed.
Note:
With effect from Assessment Year 2020-21, deduction for interest paid or payable on borrowed capital shall be allowed in respect of two self-occupied house properties. However, the aggregate amount of deduction under this provision shall remain same i.e., Rs. 30,000 or Rs. 2,00,000, as the case may be.
2.4.1 Deduction for interest on housing loan [Section 80EE]
Deduction of up to Rs 50,000 shall be allowed to an Individual for interest payable on loan taken for the purpose of acquisition of a house property subject to following conditions:
a) Loan has been sanctioned by Financial institution during the financial year 2016-17;
b) The amount of loan sanctioned does not exceed Rs 35,00,000;
c) The value of residential property does not exceed Rs 50,00,000;
d) The assessee does not own any residential house property on the date of sanction of loan;
e) Where deduction has been allowed under this section, no deduction shall be allowed in respect of such interest under any other provision.
2.4.2 Deduction for interest paid on housing loan taken for affordable housing [Section 80EEA]
With an objective to provide an impetus to the ‘Housing for all’ initiative of the Government and to enable the home buyer to have low-cost funds at his disposal, the Finance (No. 2) Act, 2019 has inserted a new Section 80EEA under the Income-tax Act for those individuals who are not eligible to claim deduction under Section 80EE. An individual can claim deduction of up to Rs. 150,000 under Section 80EEA subject to following conditions:
(a) Loan should be sanctioned by the financial institution during the period beginning on 01-04-2019 and ending on the 31-03-2022;
(b) Stamp duty value of residential house property should not exceed Rs. 45 lakhs;
(c) The assessee should not own any residential house property on the date of sanction of loan; and
(d) The assessee should not be eligible to claim deduction under Section 80EE.
Hence, an individual who does not meet the criteria of Section 80EE shall now be eligible to claim deduction under Section 80EEA of up to Rs. 150,000 in addition to deduction under section 24(b). This deduction is available from Assessment Year 2020-21.
2.5 Computation of Income from House Property
S. No. |
Property Type |
Gross Annual Value of the property |
Deduction for municipal taxes |
Net Annual Value of the property |
Standard Deduction |
Interest on borrowed capital |
1. |
Self-occupied house property/properties |
Nil |
Nil |
Nil |
Nil |
Aggregate Deduction for interest on borrowed capital is allowed up to Rs. 30,000 or Rs. 2,00,000, as the case may be. |
2. |
House property cannot be actually occupied due to any reason |
Nil |
Nil |
Nil |
Nil |
Deduction for interest on borrowed capital is allowed up to Rs. 30,000 or Rs. 2,00,000, as the case may be. |
3. |
Let out property |
To be computed as per provisions of Section 23(1) |
Allowed on actual payment basis |
Gross annual value less Municipal taxes |
30% of Net Annual Value |
Entire amount of interest paid or payable on borrowed capital shall be allowed as deduction. Pre-construction interest shall be allowed as deduction in 5 annual equal installments (Subject to certain conditions). |
4. |
More than two-self occupied properties |
Only two properties selected by the taxpayer will be considered as self-occupied house properties and all other properties shall be deemed to be let-out for the purpose of computation of income under the head house property. |
||||
5. |
Self-occupied property/properties let-out for the part of the year |
The house will be taken as let-out property and no concession shall be available for the duration during which the property was self-occupied. |
||||
6. |
One part of the property is let-out and other part is used for self-occupied purposes |
Each part of the property shall be considered as separate property and income will be computed accordingly |
2.6 Composite Rent:
If letting out of building along with movable assets i.e., machinery, plan, furniture or fixtures, etc. forms part of a single transaction and are inseparable, the composite rent shall be taxable under the head “Profits and gains from business or profession” or “Income from other sources”, as the case may be. On the other hand, if the letting out of building is separable from letting of other assets, then income from letting out of building shall be taxable under the head “Income from house property” and income from letting out of other assets shall be taxable under the head “Profits and gains from business or profession” or “Income from other sources”, as the case may be.
2.7 Treatment of unrealized rent and arrears of rent [Explanation to section 23(1)]
2.7.1 Deduction for unrealized rent:
Unrealized rent is that portion of rental income which the owner could not realize from the tenant. Unrealized rent is allowed to be deducted from actual rent received or receivable only if the following conditions are satisfied:
a) The tenancy is bona fide;
b) The defaulting tenant has vacated, or steps have been taken to compel him to vacate the property;
c) The defaulting tenant is not in occupation of any other property of the assessee;
d) The taxpayer has taken all reasonable steps to institute legal proceedings for the recovery of the unpaid rent or satisfies the Assessing Officer that legal proceedings would be useless.
2.7.2 Arrears of rent or recovery of unrealized rent [Section 25A]
Amount received in respect of arrears of rent or any subsequent recovery of unrealized rent shall be deemed to be the income of taxpayer under the head "Income from house property" in the year in which such rent is realized or received (whether or not the assessee is the owner of that property in that year).
Further, 30% of such rent shall be allowed as deduction.
2.8 Co-owner and Deemed Owner
2.8.1 Property owned by co-owners [Section 26]:
If house property is owned by co-owners and their share in house property is definite and ascertainable then the income of such house property will be assessed in the hands of each co-owner separately. For the purpose of computing income from house property, the annual value of the property will be taken in proportion to their share in the property. In such a case, each co-owner shall be entitled to claim benefit of self-occupied house property in respect of their share in the property (subject to prescribed conditions). However, where the shares of co-owners are not definite, the income of the property shall be assessed as that of an Association of persons.
2.8.2 Deemed owner [Section 27]:
Income from house property is taxable in the hands of its owner. However, in the following cases, legal owner is not considered as the real owner of the property and someone else is considered as the deemed owner of the property to pay tax on income earned from such house property:
1. An individual, who transfers otherwise than for adequate consideration any house property to his or her spouse, not being a transfer in connection with an agreement to live apart, or to a minor child not being a married daughter, shall be deemed to be the owner of the house property so transferred;
2. The holder of an impartible estate shall be deemed to be the individual owner of all the properties comprised in the estate;
3. A member of a co-operative society, company or other association of persons to whom a building or part thereof is allotted or leased under a house building scheme shall be deemed to be the owner of that building or part thereof;
4. A person who is allowed to take or retain possession of any building or part thereof in part performance of a contract of the nature referred to in Section 53A of the Transfer of Property Act, 1882 shall be deemed to be the owner of that building or part thereof;
5. A person who acquires any rights (excluding any rights by way of a lease from month to month or for a period not exceeding one year) in or with respect to any building or part thereof, by virtue of any such transaction as is referred to in section 269UA(f), shall be deemed to be the owner of that building or part thereof.
III. Profits and Gains from Business and Profession
3.1 Chargeability:
The following incomes are chargeable to tax under the head Profit and Gains from Business or Profession:
S. No. |
Section |
Particulars |
1. |
28(i) |
Profit and gains from any business or profession carried on by the assessee at any time during the previous year |
2. |
28(ii) |
Any compensation or other payment due to or received by any specified person |
3. |
28(iii) |
Income derived by a trade, professional or similar association from specific services performed for its members |
4. |
28(iiia) |
Profit on sale of a license granted under the Imports (Control) Order 1955, made under the Import Export Control Act, 1947 |
5. |
28(iiib) |
Cash assistance (by whatever name called) received or receivable by any person against exports under any scheme of Government of India |
6. |
28(iiic) |
Any duty of Customs or Excise repaid or repayable as drawback to any person against exports under the Customs and Central Excise Duties Drawback Rules, 1971. |
7. |
28(iiid) |
Profit on transfer of Duty Entitlement Pass Book Scheme, under Section 5 of Foreign Trade (Development and Regulation) Act, 1992 |
8. |
28(iiie) |
Profit on transfer of Duty Free Replenishment Certificate, under Section 5 of Foreign Trade (Development and Regulation) Act 1992 |
9. |
28(iv) |
Value of any benefits or perquisites arising from a business or the exercise of a profession. |
10. |
28(v) |
Interest, salary, bonus, commission or remuneration due to or received by a partner from partnership firm |
11. |
28(va) |
a) Any sum received or receivable for not carrying out any activity in relation to any business or profession; or b) Any sum received or receivable for not sharing any know-how, patent, copyright, trademark, licence, franchise, or any other business or commercial right or information or technique likely to assist in the manufacture of goods or provision of services. |
12. |
28(vi) |
Any sum received under a Key man Insurance policy including the sum of bonus on such policy |
12A. | 28(via) | Any profit or gains arising from conversion of inventory into capital asset. |
13. |
28(vii) |
Any sum received ( or receivable) in cash or in kind, on account of any capital assets (other than land or goodwill or financial instrument) being demolished, destroyed, discarded or transferred, if the whole of the expenditure on such capital assets has been allowed as a deduction under section 35AD |
14. |
Explanation 2 to section 28 |
Income from speculative transactions. However, it shall be deemed to be distinct and separate from any other business. |
14A. | Explanation 3 to Section 28 | Income from letting out of a residential house shall be chargeable to tax under the head 'Income from house property' |
15. |
41(1) |
• Remission or cessation of liability in respect of any loss, expenditure or trading liability incurred by the taxpayers • Recovery of trading liability by successor which was allowed to the predecessor shall be chargeable to tax in the hands of successor. Succession could be due to amalgamation or demerger or succession of a firm succeeded by another firm or company, etc. • Any liability which is unilaterally written off by the taxpayer from the books of accounts shall be deemed as remission or cessation of such liability and shall be chargeable to tax. |
16. |
41(2) |
Depreciable asset in case of power generating units, is sold, discarded, demolished or destroyed, the amount by which sale consideration and/ or insurance compensation together with scrap value exceeds its WDV shall be chargeable to tax. |
17. |
41(3) |
Where any capital asset used in scientific research is sold without having been used for other purposes and the sale proceeds together with the amount of deduction allowed under section 35 exceed the amount of the capital expenditure, such surplus or the amount of deduction allowed, whichever is less, is chargeable to tax as business income in the year in which the sale took place. |
18. |
41(4) |
Where bad debts have been allowed as deduction under Section 36(1)(vii) in earlier years, any recovery of same shall be chargeable to tax. |
19. |
41(4A) |
Amount withdrawn from special reserves created and maintained under Section 36(1)(viii) shall be chargeable as income in the previous year in which the amount is withdrawn. |
20. |
41(5) |
Loss of a discontinued business or profession could be adjusted from the deemed business income as referred to in section 41(1), 41(3), (4) or (4A) without any time limit. |
20A. | 43AA | Any foreign exchange gain or loss arising in respect of specified foreign currency transactions shall be treated as income or loss. Such gain or loss shall be computed in accordance with notified ICDS [subject to Section 43A] |
21. |
43CA |
Where consideration for transfer of land or building or both as stock-in-trade is less than the stamp duty value, the value so adopted shall be deemed to be the full value of consideration for the purpose of computing income under this head. However, no such adjustment is required to be made if value adopted for stamp duty purposes does not exceed 110% of the sale consideration. |
22. | 43CB |
The profits and gains arising from construction contract or a contract for providing service is to be determined on the basis of percentage completion method, in accordance with the notified ICDS. In case of contract for providing services with duration of not more than 90 days, the profits and gains shall be determined on basis of project completion method. While as in case of contract for providing services with indeterminate number of acts over a specified period of time shall be determined on basis of straight line method. |
23. |
43D |
In the case of following assessees, income by way of interest on the prescribed bad or doubtful debts is chargeable to tax in the year of receipt or in the year of credit of such income in the profit and loss account, whichever is earlier: (a) A public financial institution; (b) A scheduled bank; (c) A co-operative bank other than a primary agricultural credit society or a primary co-operative agricultural and rural development bank; (d) A state financial corporation; (e) A state Industrial investment corporation; (f) Such class of non-banking financial companies as notified by Govt. |
24 | — |
Assistance in the form of a subsidy or grant or cash incentive or duty drawback or waiver or concession or reimbursement (by whatever name called) by the Central Govt. or State Govt. or any authority or body or agency to the assessee would be included in definition of income as referred to in Section 2(24). However, in the following cases subsidy or grant shall not be treated as income: i) The subsidy or grant or reimbursement which is taken into account for determination of the actual cost of the asset in accordance with the provisions of Explanation 10 to clause (1) of Section 43; ii) The subsidy or grant by the Central Government for the purpose of the corpus of a trust or institution established by the Central Government or a State Government, as the case may be. |
3.2 Deductions under Sections 30 to 37
Amount deductible, while computing, Profits and Gains of Business or Profession are:-
Section |
Nature of expenditure |
Quantum of deduction |
Assessee |
30 |
Rent, rates, taxes, repairs (excluding capital expenditure) and insurance for premises |
Actual expenditure incurred excluding capital expenditure |
All assessee |
31 |
Repairs (excluding capital expenditure) and insurance of machinery, plant and furniture |
Actual expenditure incurred excluding capital expenditure |
All assessee |
32(1)(i) |
Depreciation on i) buildings, machinery, plant or furniture, being tangible assets; ii) know-how, patents, copyrights, trademarks, licenses, franchises, or any other business or commercial rights of similar nature not being goodwill of business or profession, being intangible assets |
Allowed at prescribed percentage on Straight Line Method for each asset Provided that where an asset is acquired by the assessee during the previous year and is put to use for a period of less than one hundred and eighty days in that previous year, the deduction in respect of such asset shall be restricted to fifty per cent of the amount calculated at the percentage prescribed for an asset. |
Assessees engaged in business of generation or generation and distribution of power Note: Taxpayers engaged in the business of generation or generation and distribution of power shall have the option to claim depreciation either on basis of straight line basis method or written down value method on each block of asset. |
32(1)(ii) |
Depreciation on i) buildings, machinery, plant or furniture, being tangible assets; ii) know-how, patents, copyrights, trademarks, licenses, franchises, or any other business or commercial rights of similar nature not being goodwill of business or profession, being intangible assets |
Allowed at prescribed percentage on WDV method for each block of asset Provided that where an asset is acquired by the assessee during the previous year and is put to use for a period of less than one hundred and eighty days in that previous year, the deduction in respect of such asset shall be restricted to fifty per cent of the amount calculated at the percentage prescribed for an asset. |
All assessees |
32(1)(iia) |
Additional depreciation on new plant and machinery (other than ships, aircraft, office appliances, second hand plant or machinery, etc.). (subject to certain conditions) |
Additional depreciation shall be available @20 % of the actual cost of new plant and machinery. Provided that where an asset is acquired by the assessee during the previous year and is put to use for a period of less than one hundred and eighty days in that previous year, then deduction of additional depreciation would be restricted to 50% in the year of acquisition and balance 50% would be allowed in the next year |
All assessee engaged in - manufacture or production of any article or thing; or - generation, transmission or distribution of power (if taxpayer is not claiming depreciation on basis of straight line method) |
Proviso to Section 32(1)(iia) |
Additional depreciation on new plant and machinery (other than ships, aircraft,office appliances, second hand plant or machinery, etc.)) (Subject to certain conditions) |
Additional depreciation shall be available @35 % of the actual cost of new plant and machinery. Provided that where an asset is acquired by the assessee during the previous year and is put to use for a period of less than one hundred and eighty days in that previous year, then deduction of additional depreciation would be restricted to 50% of actual cost in the year of acquisition and balance 50% would be allowed in the next year Note: 1. Manufacturing unit should be set-up on or after 1st day of April, 2015. 2. New plant and machinery acquired and installed during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 |
All assessees- where an assessee sets up an undertaking or enterprise for production or manufacture of any article or thing in any notified backward area in state of the state of Andhra Pradesh, Bihar, Telangana or West Bengal. |
32AC |
Deduction under section 32AC is available if actual cost of new plant and machinery acquired and installed by a manufacturing company during the previous year exceeds Rs. 25/100 Crores, as the case may be.(Subject to certain conditions) |
15% of actual cost of new asset |
Company engaged in business or manufacturing or production of any article or thing |
32AD | Investment allowance for investment in new plant and machinery if manufacturing unit is set-up in the notified backward area in the state of Andhra Pradesh, Bihar, Telangana or West Bengal(Subject to certain conditions) |
Investment allowance shall be available @15 % of the actual cost of new plant and machinery in the year of installation of new asset. Note:- 1) New asset should be acquired and installed during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020. 2) Manufacturing unit should be set-up on or after 1st day of April, 2015. 3) Deduction shall be allowed under Section 32AD in addition to deduction available under Section 32AC if assessee fulfils the specified conditions |
All assessee who acquired new plant and machinery for the purpose of setting-up manufacturing unit in the notified backward area in the state of Andhra Pradesh, Bihar, Telangana or West Bengal |
33AB |
Amount deposited in Tea/Coffee/Rubber Development Account by assessee engaged in business of growing and manufacturing tea/Coffee/Rubber in India |
Deduction shall be lower of following: a) Amount deposited in account with National Bank for Agricultural and Rural Development (NABARD) or in Deposit Account of Tea Board, Coffee Board or Rubber Board in accordance with approved scheme; or b) 40% of profits from such business before making any deduction under section 33AB and before adjusting any brought forward loss. (Subject to certain conditions) |
All assessee engaged in business of growing and manufacturing tea/Coffee/Rubber |
33ABA |
Amount deposited in Special Account with SBI/Site Restoration Account by assessee carrying on business of prospecting for, or extraction or production of, petroleum or natural gas or both in India |
Deduction shall be lower of following: a) Amount deposited in Special Account with SBI/Site Restoration Account; or b) 20% of profits from such business before making any deduction under section 33ABA and before adjusting any brought forward loss. (Subject to certain conditions) |
All assessee engaged in business of prospecting for, or extraction or production of, petroleum or natural gas or both in India |
35(1)(i) |
Revenue expenditure on scientific research pertaining to business of assessee is allowed as deduction (Subject to certain conditions). |
Entire amount incurred on scientific research is allowed as deduction. Expenditure on scientific research within 3 years before commencement of business (in the nature of purchase of materials and salary of employees other than perquisite) is allowed as deduction in the year of commencement of business to the extent certified by prescribed authority. |
All assessee |
35(1)(ii) |
Contribution to approved research association, university, college or other institution to be used for scientific research shall be allowed as deduction (Subject to certain conditions) |
100% of sum paid to such association, university, college, or other institution is allowed as deduction. |
All assessee |
35(1)(iia) |
Contribution to an approved company registered in India to be used for the purpose of scientific research is allowed as deduction (Subject to certain conditions) |
100% of sum paid to the company is allowed as deduction |
All assessee |
35(1)(iii) |
Contribution to approved research association, university, college or other institution with objects of undertaking statistical research or research in social sciences shall be allowed as deduction (Subject to certain conditions) |
100% of sum paid to such association, university, college, or other institution is allowed as deduction |
All assessee |
35(1)(iv) read with 35(2) |
Capital expenditure incurred during the year on scientific research relating to the business carried on by the assessee is allowed as deduction (Subject to certain conditions) |
Entire capital expenditure incurred on scientific research is allowed as deduction. Capital expenditure incurred within 3 years before commencement of business is allowed as deduction in the year of commencement of business. Note: i. Capital expenditure excludes land and any interest in land; ii. No depreciation shall be allowed on such assets. |
All assessee |
35(2AA) |
Payment to a National Laboratory or University or an Indian Institute of Technology or a specified person is allowed as deduction. The payment should be made with the specified direction that the sum shall be used in a scientific research undertaken under an approved programme. |
100% of payment is allowed as deduction (Subject to certain conditions). |
All assessee |
35(2AB) |
Any expenditure incurred by a company on scientific research (including capital expenditure other than on land and building) on in-house scientific research and development facilities as approved by the prescribed authorities shall be allowed as deduction (Subject to certain conditions). Expenditure on scientific research in relation to Drug and Pharmaceuticals shall include expenses incurred on clinical trials, obtaining approvals from authorities and for filing an application for patent. |
100% of expenditure so incurred shall be allowed as deduction. Note: i. Company should enter into an agreement with the prescribed authority for co-operation in such research and development and fulfils conditions with regard to maintenance of accounts and audit thereof and furnishing of reports in such manner as may be prescribed. |
Company engaged in business of bio-technology or in any business of manufacturing or production of eligible articles or things |
35ABA | Capital expenditure incurred and actually paid for acquiring any right to use spectrum for telecommunication services shall be allowed as deduction over the useful life of the spectrum. |
Deduction will be available in equal installments starting from the year in which actual payment is made and ending in the year in which spectrum comes to an end. Note: If spectrum fee is actually paid before the commencement of business, the deduction will be available from the year in which business is commenced. |
All assessee engaged in telecommunication services |
35ABB |
Capital expenditure incurred for acquiring any license or right to operate telecommunication services shall be allowed as deduction over the term of the license. |
Deduction would be allowed in equal installments starting from the year in which such payment has been made and ending in the year in which license comes to an end. |
All assessee engaged in telecommunication services |
35AC |
Expenditure by way of payment of any sum to a public sector company/local authority/approved association or institution for carrying out any eligible scheme or project (Subject to certain conditions). |
Actual payment made to prescribed entities. However, a company can also claim deduction for expenditure incurred by it directly on eligible projects. Note:- No deduction in any A.Y. commencing on or after the 1st day of April, 2018 |
All assessee. However, deduction for direct expenditure is allowed only to a company |
35AD |
Deduction in respect of `expenditure on specified businesses, as under: a) Setting up and operating a cold chain facility b) Setting up and operating a warehousing facility for storage of agricultural produce c) Building and operating, anywhere in India, a hospital with at least 100 beds for patients d) Developing and building a housing project under a notified scheme for affordable housing e) Production of fertilizer in India (Subject to certain conditions) |
150% of capital expenditure incurred for the purpose of business is allowed as deduction provided the specified business has commenced its operation on or after 01-04-2012. 100% of capital expenditure will be allowed to be deducted from the assessment year 2018-19 onwards Note: If such specified businesses commence operations on or before 31-03-2012 but after prescribed dates, deduction shall be limited to 100% of capital expenditure. Note: No deduction of any capital expenditure above Rs 10,000 shall be allowed if it is incurred in cash. |
All assessee |
35AD |
Deduction in respect of expenditure on specified businesses, as under: a) Laying and operating a cross-country natural gas or crude or petroleum oil pipeline network for distribution, including storage facilities being an integral part of such network; b) Building and operating, anywhere in India, a hotel of two-star or above category; c) Developing and building a housing project under a scheme for slum redevelopment or rehabilitation d) Setting up and operating an inland container depot or a container freight station e) Bee-keeping and production of honey and beeswax f) Setting up and operating a warehousing facility for storage of sugar g) Laying and operating a slurry pipeline for the transportation of iron ore h) Setting up and operating a semi-conductor wafer fabrication manufacturing unit i) Developing or maintaining and operating, or developing, maintaining and operating a new infrastructure facility (Subject to certain conditions) |
100% of capital expenditure incurred for the purpose of business is allowed as deduction provided specified businesses commence operations on or after the prescribed dates. Note: No deduction of any capital expenditure above Rs 10,000 shall be allowed if the payment for such expenditure is made otherwise than by an account payee cheque/draft or ECS or through prescribed electronic mode of payment. |
All assessee Note: Such deduction is available to Indian company in case of following business, namely;- i) Business of laying and operating a cross-country natural gas or crude or petroleum oil pipeline network ii) Developing or maintaining and operating or developing, maintaining and operating a new infrastructure facility. |
35CCA |
Payment to following Funds are allowed as deduction: a) National Fund for Rural Development; and b) Notified National Urban Poverty Eradication Fund |
Actual payment to specified funds |
All assessee |
35CCC |
Expenditure (not being cost of land/building) incurred on notified agricultural extension project for the purpose of training, educating and guiding the farmers shall be allowed as deduction, provided the expenditure to be incurred is expected to be more than Rs. 25 lakhs (Subject to certain conditions). |
100% of the expenditure (Subject to certain conditions) |
All assessee |
35CCD |
Expenditure incurred by a company (not being expenditure in the nature of cost of any land or building) on any notified skill development project is allowed as deduction (Subject to certain conditions). |
100% of the expenditure (Subject to certain conditions) Note: (i) No deduction shall be allowed to a company engaged in manufacturing alcoholic spirits or tobacco products. |
Company engaged in manufacturing of any article or providing specified services |
35D |
An Indian company can amortize certain preliminary expenses (up to maximum of 5% of cost of the project or capital employed, whichever is more) (Subject to certain conditions and nature of expenditures) |
Qualifying preliminary expenditure is allowable in each of 5 successive years beginning with the previous year in which the extension of undertaking is completed or the new unit commences production or operation. |
Indian Company |
35D |
Non-corporate taxpayers can amortize certain preliminary expenses (up to maximum of 5% of cost of the project) (Subject to certain conditions and nature of expenditures) |
Qualifying preliminary expenditure is allowable in each of 5 successive years beginning with the previous year in which the extension of undertaking is completed or the new unit commences production or operation. |
Resident Non-corporate assessees |
35DD |
Expenditure incurred after 31-3-1999 in respect of amalgamation or demerger can be amortized by an Indian Company |
Expenditure is allowed as deduction in five equal installments in 5 previous years starting with the year in which amalgamation or demerger took place. |
Indian Company |
35DDA |
Expenditure incurred under Voluntary Retirement Scheme is allowed as deduction. |
Each payment under VRS is allowed as deduction in five equal installments in 5 previous years. |
All assessee |
35E |
Qualifying expenditure incurred by resident persons on prospecting for the minerals or on the development of mine or other natural deposit of such minerals shall be allowed as deduction (Subject to certain conditions). |
Eligible expenditure is allowed as deduction in ten equal installments in 10 previous years. |
Resident persons |
36(1)(i) |
Insurance premium covering risk of damage or destruction of stocks/stores |
Actual expenditure incurred |
All assessee |
36(1)(ia) |
Insurance premium covering life of cattle owned by a member of co-operative society engaged in supplying milk to federal milk co-operative society |
Actual expenditure incurred |
All assessee |
36(1)(ib) |
Medical insurance premium paid by any mode other than cash, to insure employee’s health under (a) scheme framed by GIC of India and approved by Central Government; or (b) scheme framed by any other insurer and approved by IRDA |
Actual expenditure incurred |
All assessee |
36(1)(ii) |
Bonus or commission paid to employees which would not have been payable as profit or dividend if it had not been paid as bonus or commission |
Actual expenditure incurred |
All assessee |
36(1)(iii) |
Interest on borrowed capital (Subject to certain conditions) |
Interest paid in respect of capital borrowed for the purposes of the business or profession shall be allowed as deduction. However, if capital is borrowed for acquiring an asset, then interest for any period beginning from the date on which capital was borrowed till the date on which asset was first put to use, shall not be allowed as deduction. |
All assessee |
36(1)(iiia) |
Discount on Zero Coupon Bonds (Subject to certain conditions) |
Pro-rata amount of discount on zero coupon bonds shall be allowed as deduction over the life of such bond |
Specified Assessee |
36(1)(iv) |
Employer’s contributions to recognized provident fund and approved superannuation fund [subject to certain limits and conditions] |
Actual expenditure incurred |
All assessee |
36(1)(iva) |
Any sum paid by assessee-employer by way of contribution towards a pension scheme, as referred to in section 80CCD, on account of an employee. |
Actual expenditure not exceeding 14% of the salary* of the employee *Salary = Basic Pay + Dearness Allowance (to the extent it forms part of retirement benefits)+ turnover based commission |
All assessee - Employer |
36(1)(v) |
Employer’s contribution towards approved gratuity fund created exclusively for the benefit of employees under an irrevocable trust shall be allowed as deduction (Subject to certain conditions). |
Actual expenditure not exceeding 8.33% of salary of each employee |
All assessee - Employer |
36(1)(va) |
Deposit of employee’s contributions in their respective provident fund or superannuation fund or any fund set up under Employees’ State Insurance Act, 1948 |
Actual amount received if credited to the employee’s account in relevant fund on or before due date specified under relevant Act |
All assessee - Employer |
36(1)(vi) |
Allowance in respect of animals which have died or become permanently useless (Subject to certain conditions) |
Actual cost of acquisition of such animals less realization on sale of carcasses of animals |
All assessee |
36(1)(vii) |
Bad debts which have been written off as irrecoverable (Subject to certain conditions) |
Actual bad debts which have been written off from books of accounts Note:- However, if amount of debt or part thereof has been taken into account in computing the income of assessee on basis of income computation and disclosure standards notified under Section 145(2) without recording the same in accounts then, such debt shall be allowed in the previous year in which such debt or part thereof becomes irrecoverable. It shall be deemed that such debt or part thereof has been written off as irrecoverable in the accounts. |
All assessee |
36(1)(viia) |
Deductions for provision for bad and doubtful debts created by certain banks, financial institutions and non-banking financial company (Subject to certain conditions). Note Deduction in respect of bad debts actually written off under section 36(1)(vii) shall be limited to that amount of bad debts which exceed the provision for bad and doubtful debts created under section 36(1)(viia). |
Deductions for provision for bad and doubtful debts shall be limited to following: (a) In case of scheduled and non-scheduled banks: Sum not exceeding aggregate of 8.5% of total income (before any deductions under this provision and Chapter VI-A) and 10% of aggregate average advances made by rural branches of such bank; (b) In case of Financial Institutions: Up to 5% of total income before any deductions under this provision and Chapter VI-A; and (c) In case of foreign banks: Up to 5% of total income before any deductions under this provision and Chapter VI-A (d) In case of non-banking financial company: Up to 5% of total income before any deduction under this provision and chapter VI-A |
Banks, Public Financial Institutions, Non-banking financial company, State Financial Corporation, State Industrial Investment Corporations |
36(1)(viii) |
Deduction under this provisions is allowed to following entities in respect of amount transferred to special reserve account: a) Financial Corporation which is engaged in providing long-term finance for industrial or agricultural development or development of infrastructure facility in India; or b) Public company registered in India with the main object of carrying on the business of providing long-term finance for construction or purchase of residential houses in India. [Subject to certain conditions] |
Deduction shall be allowed to the extent of lower of following: a) Amounts transferred to special reserve account b) 20% of profits derived from eligible business c) 200% of paid-up capital and general reserve (on last day of previous year) minus balance in special reserve account (on first day of previous year) |
Specified financial corporations or public company |
36(1)(ix) |
Expenditure incurred by a company on promotion of family planning amongst employees is allowed as deduction |
1) Entire revenue expenditure is allowed as deduction 2) Capital expenditure shall be allowed as deduction in five equal installment in five years |
Company |
36(1)(xii) |
Any expenditure incurred by a notified corporation or body corporate constituted or established by a Central, State or Provincial Act, for the objects and purposes authorized by the respective Act is allowed as deduction |
Actual expenditure incurred (not being in the nature of capital expenditure) |
Notified corporations |
36(1)(xiv) |
Contribution to Credit Guarantee Trust Fund for micro and small industries is allowed as deduction |
Actual expenditure incurred |
Public Financial Institutions |
36(1)(xv) |
Securities Transaction Tax paid |
Actual expenditure incurred if corresponding income is included as income under the head profits and gains of business or profession |
All assessee |
36(1)(xvi) |
Amount equal to commodities transaction tax paid by an assessee in respect of taxable commodities transactions entered into in the course of his business during the previous year is allowed as deduction |
Actual expenditure incurred if corresponding income is included as income under the head profits and gains of business or profession |
All assessee |
36(1)(xvii) | Amount of expenditure incurred by a co-operative society engaged in the business of manufacture of sugar for purchase of sugarcane. |
Deduction would be allowed the extent of lower of following: a) Actual purchase price of sugarcane, or b) Price of sugarcane fixed or approved by the Government |
Co-operative society engaged in the business of manufacture of sugar |
36(1)(xviii) | Marked to market loss or other unexpected loss as computed in accordance with notified ICDS | Actual losses incurred | All assessee |
37(1) |
Any other expenditure [not being personal or capital expenditure and expenditure mentioned in sections 30 to 36] laid out wholly and exclusively for purposes of business or profession Note: (1) Expenditure incurred to provide perquisite, in whatever form to any person, irrespective of whether the recipient is engaged in any business or profession, where the acceptance of such benefit or perquisite is a violation of any rule, law or regulation, which governs the recipient, shall be deemed to have not been incurred for business or profession and accordingly, the deduction for the same shall not be available. (2) The expenditure, whether constituting an offence as per the prevailing laws in India or outside India, or prohibited by any law in force - whether in India or outside India, or to settle proceedings initiated in relation to contravention under such law as may be notified by the Central Govt, shall not be eligible for deduction under section 37(1). |
Actual expenditure incurred |
All assessee |
37(2B) |
Expenditure on advertisement in any souvenir, brochure etc. published by a political party shall not be allowed as deduction |
Not Allowed |
All assessee |
3.3 Amount expressly disallowed under the Act
Section |
Description |
40(a)(i) |
Any sum (other than salary) payable outside India or to a non-resident, which is chargeable to tax in India in the hands of the recipient, shall not be allowed to be deducted if it was paid without deduction of tax at source or if tax was deducted but not deposited with the Central Government till the due date of filing of return. However, if tax is deducted or deposited in subsequent year, as the case may be, the expenditure shall be allowed as deduction in that year. |
40(a)(ia) |
Any sum payable to a resident, which is subject to deduction of tax at source, would attract 30% disallowance if it was paid without deduction of tax at source or if tax was deducted but not deposited with the Central Government till the due date of filing of return. However, where in respect of any such sum, tax is deducted or deposited in subsequent year, as the case may be, the expenditure so disallowed shall be allowed as deduction in that year. |
40(a)(ib) |
Any sum paid or payable to a non-resident which is subject to a deduction of Equalisation levy would attract disallowance if such sum was paid without deduction of such levy or if it was deducted but not deposited with the Central Government till the due date of filing of return. However, where in respect of any such sum, Equalisation levy is deducted or deposited in subsequent year, as the case may be, the expenditure so disallowed shall be allowed as deduction in that year. Note: This provision has been inserted by the Finance Act, 2016, w.e.f. 1-6-2016 |
40(a)(ii) |
Any sum paid on account of any rate or tax levied on the profits and gains of business or profession is not deductible Note: Tax shall include ‘surcharge or cess’. |
40(a)(iia) |
Wealth-tax or any other tax of similar nature shall not be deductible |
40(a)(iib) |
Amount paid by way of royalty, license fee, service fee, privilege fee, service charge or any other fee or charge, by whatever name called, which is levied exclusively on (or any amount appropriated) a State Government undertaking by the State Government shall not be deductible. |
40(a)(iii) |
Salaries payable outside India, or in India to a non-resident, on which tax has not been paid/deducted at source is not deductible. |
40(a)(iv) |
Payments to provident fund or other funds for employees’ benefit shall not be deductible if no effective arrangements have been made to ensure deduction of at source from payments made from such funds to employees which shall be chargeable to tax as ‘salaries’. |
40(a)(v) |
Tax paid by the employer on non-monetary perquisites provided to employees is not deductible if the tax so paid is not taxable in the hands of employees by virtue of Section 10(10CC). |
40(b) |
Following sum paid by a partnership firm to its partners shall not be allowed to be deducted: 1) Salary, bonus, commission or remuneration paid to non-working partners; 2) Remuneration or interest paid to the partners is not in accordance with the terms of the partnership deed; 3) Remuneration or interest to partners is in accordance with the terms of the partnership deed but relates to any period prior to the date of the deed; 4) Interest to partners is in accordance with the terms of the partnership deed but exceeds 12% per annum; 5) Remuneration to partners is in accordance with the terms of the partnership deed but exceeds the following permissible limit: a) On first Rs. 6 Lakhs of book profit or in case of loss - Rs. 3,00,000 or 90% of book profit, whichever is more; b) On the balance of the book profit - 60% of book profit |
40(ba) |
Interest, salary, bonus, commission or remuneration paid by Association of Persons or Body of Individuals to its members shall not be allowed as deduction (Subject to certain conditions). |
40A(2) |
Any payment to related parties (relatives, directors, partner, member of HUF/AOP, person who has substantial interest in business of the taxpayer, etc.) in respect of any expenditure shall be disallowed to the extent such expenditure is considered excessive or unreasonable by the Assessing Officer having regard to its fair market value. |
40A(3)/(3A) |
An expenditure, which is otherwise deductible under any provision of the Act, shall be disallowed if payment thereof has been made otherwise than by account payee cheque/bank draft or use of electronic clearing system through a bank account or through other prescribed electronic mode of payment and it exceeds Rs. 10,000 (Rs. 35,000 in case of payment made for plying, hiring or leasing goods carriages) in a day (Subject to certain conditions and exceptions). |
40A(7) |
Provision for payment of gratuity to employees, other than a provision for contribution to approved gratuity fund, shall not be allowed as deduction (Subject to specified conditions). Gratuity actually paid (or payable) during the year and contribution to approved gratuity fund is allowed as deduction. |
40A(9) |
Any sum paid as an employer for setting up or as contribution to any fund, trust, company, AOP, BOI, Society or other institution (other than recognized provident fund, approved superannuation fund, approved gratuity fund or pension scheme referred to in section 80CCD) shall not be allowed as deduction if such contribution or payment is not required by any law. |
40(A)(13) | No deduction shall be allowed in respect of marked to market loss or other unexpected loss except as allowable under section 36(1)(xviii). |
3.4 Expenses deductible on actual payment basis
The following expenses shall be allowed as deduction if such expenditure are actually paid on or before the due date of filing of return of income:-
Section | Particulars |
43B(a) | Any Tax, Duty, Cess or Fees under any Law |
43B(b) | Any contribution to Provident Fund/Superannuation Fund/Gratuity Fund/Welfare Fund |
43B(c) | Bonus or Commission paid to employees which would not have been payable as profit or dividend |
43B(d) | Interest on Loan or Borrowings from Public Financial Institutions/State Financial Institutions etc. |
43B(da) | Interest on loan from a deposit taking NBFC or systemically important non-deposit taking NBFC |
43B(e) | Interest on loan or advance from bank |
43B(f) | Payment of Leave Encashment |
43B(g) | Sum payable to the Indian Railways for the use of railway assets. |
43B(h) | Sum payable to a micro or small enterprise beyond the time limit specified in section 15 of the Micro, Small and Medium Enterprises Development Act, 2006 |
Notes :
1) No deduction shall be allowed under section 43B if any interest has been converted debenture or any other instrument by which liability to pay interest is deferred to a future date.
2) Any sum payable by the assessee to a micro or small enterprise beyond the time limit specified in Section 15 of MSMED Act shall be allowed in the previous year in which such sum is actually paid.
3.5 Other provisions
Section |
Particulars |
Provision |
42 |
Special allowance in case of business of prospecting etc. for mineral oil (including petroleum and natural gas) in relation to which the Central Government has entered into an agreement with the taxpayer for the association or participation (Subject to certain conditions). |
Following deductions shall be allowed as deductions: a) Any infructuous exploration expenditure b) Expenditure on drilling or exploration activities or services, etc. c) Allowance in relation to depletion of mineral oil, etc. |
43A |
Special provisions consequential to changes in rate of exchange of Currency (Subject to certain conditions). |
Any increase or decrease in the liability incurred in foreign currency (to acquire a capital asset) pursuant to fluctuation in the foreign exchange rates shall be adjusted with the actual cost of such asset only on actual payment of the liability. |
43C |
Acquisition of any asset (except stock-in-trade) by the taxpayer in the scheme of amalgamation or by way of gift, will etc. |
Cost of acquisition of any asset (except stock-in-trade) acquired by the taxpayer in the scheme of amalgamation or by way of gift, will etc. from the transferor (who sold it as stock-in-trade) shall be the cost of acquisition in the hands of transferor as increased by cost of any improvement made |
3.6 Provisions applicable to Non-Resident/Foreign Company
Section |
Particulars |
Limit of exemption or Computation of income/deduction |
Available to |
44B read with 172 |
Income from shipping business shall be computed on presumptive basis (Subject to certain conditions). |
7.5% of specified sum shall be deemed to be the presumptive income |
Non-resident engaged in shipping business (other than cruise ships referred to in section 44BBC) |
44BB |
Income of a non-resident engaged in the business of providing services or facilities in connection with, or supplying plant and machinery on hire used, or to be used, in the prospecting for, or extraction or production of, mineral oils shall be computed on presumptive basis (Subject to certain conditions). |
10% of specified sum shall be deemed to be the presumptive income |
Non-resident engaged in activities connected with exploration of mineral oils |
44BBA |
Income of a non-resident engaged in the business of operation of aircraft shall be computed on presumptive basis (Subject to certain conditions). |
5% of specified sum shall be deemed to be the presumptive income |
Non-resident engaged in the business of operating of aircraft |
44BBB |
Income of a foreign company engaged in the business of civil construction or the business of erection of plant or machinery or testing or commissioning thereof, in connection with turnkey power projects shall be computed on presumptive basis (Subject to certain conditions). |
10% of specified sum shall be deemed to be the presumptive income |
Foreign Company |
44BBC | Presumptive taxation scheme for the business of operation of cruise ships by non-residents | 20% of the specified amounts shall be deemed to be the presumptive income.` | Non-resident |
44C |
Deduction for Head office Expenditure (Subject to certain conditions and limits) |
Deduction for head-office expenditure shall be limited to lower of following: a) 5% of adjusted total income* b) Head office exp. as attributable to business or profession of taxpayer in India * In case adjusted total income of the assessee is a loss, adjusted total income shall be substituted by average adjusted total income ** Adjusted total income or average adjusted total income shall be computed after prescribed adjustments i.e. unabsorbed depreciations, carry forward losses, etc. |
Non-resident |
44DA |
Deduction of expenditure from royalty and FTS received under an agreement made after 31-03-2003 which is effectively connected to the PE of non-resident in India (Subject to certain conditions) |
Expenditure incurred wholly and exclusively for the business of PE or fixed place of profession in India shall be allowed as deduction. |
Non-resident |
3.7 Accounts and Audit
Section |
Particulars |
Threshold |
44AA |
Compulsory maintenance of prescribed books of account - Specified Profession |
Mandatory in every case except where presumptive taxation scheme under Section 44ADA is opted by the assessee |
44AA |
Compulsory maintenance of books of account - Other business or profession (Subject to certain conditions and circumstances) |
1) If total sales, turnover or gross receipts exceeds Rs. 25,00,000 in any one of the three years immediately preceding the previous year; or 2) If income from business or profession exceeds Rs. 1,20,000 (Rs. 2,50,000 in the case of an individual or HUF) in any one of the three years immediately preceding the previous year |
44AB |
Compulsory Audit of books of accounts (Subject to certain conditions and circumstances) |
1) If total sales, turnover or gross receipts exceeds Rs. 1Crore in any previous year, in case of business; or Note: The threshold limit of Rs. 1 crore shall be increased to Rs. 10 crore in case where the cash receipt and payment made during the year does not exceed 5% of total receipt or payment the business 2) If gross receipts exceeds Rs. 50 Lakhs in any previous year, in case of profession. Note: a) The provisions of this section is not applicable to the person, who declares profits and gains in accordance with presumptive taxation Scheme under Section 44AD/44ADA/44AE |
3.8 Presumptive Taxation
Section |
Nature of business |
Presumptive income |
44AD |
Income from eligible business can be computed on presumptive basis if turnover of such business does not exceed two crore rupees. Note: If the amount of cash received during the previous year does not exceed 5% of the total turnover or gross receipt of such year then the threshold limit for total turnover or gross receipt shall be taken as Rs. 3,00,00,000 instead of Rs. 2,00,00,000. Note: If an assessee opts out of the presumptive taxation scheme, after a specified period, he cannot choose to revert back to the presumptive taxation scheme for a period of five assessment years thereafter. [section 44AD(4)] (Subject to conditions) |
Presumptive income of eligible business shall be 8% of gross receipt or total turnover. Note: Presumptive income shall be calculated at rate of 6% in respect of total turnover or gross receipts which is received by an account payee cheque or draft or use of electronic clearing system or through any other electronic mode as may be prescribed. |
44ADA |
Income from eligible profession u/s 44AA(1) can be computed on presumptive basis if the total gross receipts from such profession do not exceed fifty lakh rupees in a previous year. Note: If the amount of cash received during the previous year does not exceed 5% of the total gross receipt of such year then the threshold limit for total gross receipt shall be taken as Rs. 75,00,000 instead of Rs. 50,00,000. (Subject to conditions) |
Presumptive income of such profession shall be 50% of total gross receipt. |
44AE |
Presumptive income from business of plying, hiring or leasing of goods carriage if assessee does not own more than 10 goods carriage. |
For Heavy Goods Vehicle: Rs. 1,000 per ton of gross vehicle weight for every month or part of a month during which the heavy goods vehicle is owned by assessee. For Other Goods Vehicle: Rs. 7,500 for every month or part of a month during which the goods carriage is owned by assessee. Note: 'Heavy goods vehicle' means goods carriage vehicle the gross vehicle weight of which exceeds 12,000 kilograms. |
IV. Income under the Capital Gains
4.1 Chargeability:
Capital gains shall be chargeable to tax if following conditions are satisfied:
a) There should be a capital asset. In other words, the asset transferred should be a capital asset on the date of transfer;
b) It should be transferred by the taxpayer during the previous year;
c) There should be profits or gain as a result of transfer.
4.2 Meaning of Capital Asset [Sec 2(14)]
Capital Asset is defined to include:
(a) Property of any kind, held by an assessee, whether or not connected with his business or profession;
(b) Any securities held by a FII which has invested in such securities in accordance with the SEBI Regulations;
(c) Any securities held by a Category I or Category II AIFwhich has invested in such securities in accordance with the SEBI or IFSC Regulations;
(d) Any unit linked insurance policy to which exemption under Section 10(10D) does not apply.
However, the term ‘capital asset’ shall exclude the following:
a) Stock-in-trade, consumable stores, raw materials held for the purpose of business or profession;
b) Movable property held for personal use of taxpayer or for any member of his family dependent upon him. However, jewellery, costly stones, and ornaments made of silver, gold, platinum or any other precious metal, archaeological collections, drawings, paintings, sculptures or any work of art shall be considered as capital asset even if used for personal purposes;
c) Specified Gold Bonds and Special Bearer Bonds;
d) Agricultural Land in India, not being a land situated:
a. Within jurisdiction of municipality, notified area committee, town area committee, cantonment board and which has a population not less than 10,000;
b. Within range of following distance measured aerially from the local limits of any municipality or cantonment board:
i. not being more than 2 KMs, if population of such area is more than 10,000 but not exceeding 1 lakh;
ii. not being more than 6 KMs , if population of such area is more than 1 lakh but not exceeding 10 lakhs; or
iii. not being more than 8 KMs , if population of such area is more than 10 lakhs.
e) Deposit certificates issued under the Gold Monetisation Scheme, 2015
4.3 Type of Capital Assets
A. Short Term Capital Asset
Capital asset held for not more than 24 months (36 months if the transfer takes place before 23-07-2024) immediately prior to the date of transfer shall be deemed as short-term capital asset. However, the following assets held for not more than 12 months shall be treated as short-term capital assets:
a) Equity or preference shares in a company which are listed in any recognized stock exchange in India;
b) Other listed securities;
c) Units of UTI;
d) Units of equity oriented funds; or
e) Zero Coupon Bonds.
B. Long Term Capital Asset
Capital Asset that held for more than 24 months (36 months if the transfer takes place before 23-07-2024) or 12 months, as the case may be, immediately preceding the date of transfer is treated as long-term capital asset.
4.4 Period of Holding
The period of holding shall be determined as follows:
Different situations | How to calculate the period of holding |
Shares held in a company in liquidation | The period subsequent to the date on which the company goes into liquidation shall be excluded. |
Capital asset which becomes the property of the assessee in the circumstances mentioned in section 49(1) read with section 47 [i.e., when an asset is acquired by gift, will, succession, inheritance or the asset is required at the time of partition of family or under a revocable or irrevocable trust or under amalgamation, etc.] | The period for which the asset was held by the previous owner should be included (cost of acquisition in this case shall be computed in the manner provided in Para 4.10) |
Allotment of shares in amalgamated Indian company in lieu shares held in amalgamating company | The period of holding shall be computed from the date of acquisition of shares in the amalgamating company. |
Right shares | The period of holding shall be computed from the date of allotment of right shares. |
Right entitlement | The period of holding will be considered from the date of offer to subscribe to shares to the date when such right entitlement is renounced by the person. |
Bonus shares | The period of holding shall be computed from the date of allotment of bonus shares. |
Issue of shares by the resulting company in a scheme of demerger to the shareholders of the demerged company | The period of holding shall be computed from the date of acquisition of shares in the demerged company. |
Membership right held by a member of recognised stock exchange | In case of shares as well as trading/clearing rights, the period for which the person was a member of the stock exchange immediately prior to such demutualization/corporatization shall be included. |
Flat in a co-operative society | The period of holding shall be computed from the date of allotment of shares in the society. |
Sweat equity shares allotted by employer | The period of holding shall be reckoned from the date of allotment or transfer of such equity shares (applicable from the assessment year 2008-09) |
Unit of a business trust [allotted pursuant to transfer of shares as referred to in section 47(xvii)] | The period of holding shall include the period for which shares were held by the assessee. |
Conversion of preference shares into equity shares | The period of holding of equity shares shall include the period for which preference shares were held by the assessee |
Units allotted to an assessee pursuant to consolidation of two or more scheme of a mutual fund as referred to in Section 47(xviii) | The period of holding of such units shall include the period for which the unit or units in the consolidating scheme of the mutual fund were held by the assessee. |
Shares in a company acquired by the non-resident assessee on redemption of Global Depository Receipts referred to in Section 115AC(1)(b) | The period of holding of such shares shall be reckoned from the date on which a request for such redemption was made. |
Transactions in shares and securities not given above: | |
1) Date of purchase (through stock exchanges) of shares and Securities 2) Date of transfer (through stock exchanges) of shares and securities 3) Date of purchase/transfer of shares and securities (transaction taken place directly between parties and not through stock exchanges) 4) Date of purchase/sale of shares and securities purchased in several lots at different points of time but delivery taken subsequently and sold in parts 5) Transfer of a security by a depository (i.e., demat account) |
a) Date of purchase by broker on behalf of investor. b) Date of broker's note provided such transactions are followed up by delivery of shares and also the transfer deeds. c) Date of contract of sale as declared by parties provided it is followed up by actual delivery of shares and the transfer deeds. d) The FIFO method shall be adopted to reckon the period of the holding of the security, in cases where the dates of purchase and sale cannot be correlated through specific number of scrips. e) The period of holding shall be determined on the basis of the first-in-first-out method. |
Conversion of stock-in-trade into capital asset |
The period of holding of such converted asset shall be reckoned from the date of conversion. |
Conversion of gold into Electronic Gold receipt issued by Vault Manager | The period for which the assessee held the gold before conversion into EGR would be included in the period of holding of EGR |
Conversion of Electronic Gold Receipt into gold | The period for which the assessee holds the EGR before conversion to gold would be included in the period of holding of gold |
4.5 Meaning of Transfer [Section 2(47)]
"Transfer”, in relation to a capital asset, includes:
(i) Sale, exchange or relinquishment of the asset;
(ii) Extinguishment of any rights in relation to a capital asset;
(iii) Compulsory acquisition of an asset;
(iv) Conversion of capital asset into stock-in-trade;
(v) Maturity or redemption of a zero coupon bond;
(vi) Allowing possession of immovable properties to the buyer in part performance of the contract;
(vii) Any transaction which has the effect of transferring an (or enabling the enjoyment of) immovable property; or
(viii) Disposing of or parting with an asset or any interest therein or creating any interest in any asset in any manner whatsoever.
4.6 Transactions which are not regarded as transfer [Section 47]
Following transactions shall not be regarded as transfer (subject to certain condition). Hence, following transaction shall not be charged to capital gains:
Section |
Particulars |
46(1) |
Distribution of asset in kind by a company to its shareholders at the time of liquidation |
47(i) |
Distribution of capital asset on total or partial partition of HUF |
47(iii) |
Transfer of capital asset by an individual or a Hindu Undivided Family under a gift or will or an irrevocable trust |
47(iv) |
Transfer of capital asset by a company to its wholly owned subsidiary company |
47(v) |
Transfer of a capital asset by a wholly owned subsidiary company to its holding company |
47(vi) |
Transfer of capital assets in a scheme of amalgamation |
47(via) |
Transfer of shares in an Indian company held by a foreign company to another foreign company under a scheme of amalgamation of the two foreign companies |
47(viab) | Transfer of share of a foreign company (which derives, directly or indirectly, its value substantially from the share or shares of an Indian company) held by a foreign company to another foreign company under a scheme of amalgamation (subject to conditions) |
47(viaa) |
Transfer of capital assets in a scheme of amalgamation of a banking company with a banking institution |
47(vib) |
Transfer of capital assets by the demerged company to the resulting company in a demerger |
47(vic) |
Transfer of shares held in an Indian company by a demerged foreign company to the resulting foreign company |
47(vica) |
Any transfer of a capital asset by the predecessor co-operative bank to the successor co-operative bank in a business reorganization. |
47(vicb) |
Any transfer of capital asset (being shares) held by a shareholder in the predecessor co-operative bank if the transfer is made in consideration of the allotment to him of any shares in the successor co-operative bank in a scheme of business reorganization |
47(vicc) | Transfer of share of a foreign company (which derives, directly or indirectly, its value substantially from the share or shares of an Indian company) held by a demerged foreign company to resulting foreign company in case of demerger (subject to conditions) |
47(vid) |
Transfer or issue of shares by the resulting company to the shareholders of the demerged company in a scheme of demerger |
47(vii) |
Allotment of shares in amalgamated company in lieu of shares held in amalgamating company |
47(viia) |
Transfer of capital assets (being foreign currency convertible bonds or GDR) by a non-resident to another non-resident |
47(viiaa) | Any transfer made outside India, of a capital asset (being rupee denominated bond of an Indian company issued outside India) by a non-resident to another non-resident |
47(viiab) |
Any transfer of following capital assets by a non-resident on a recognised stock exchange located in any International Financial Services Centre: a) Bond or GDR b) Rupee Denominated Bond of an Indian Co. c) Derivative d) Such other Securities as may be prescribed. |
47(viiac) |
Any transfer of a capital asset by original fund to the resulting fund in a relocation. |
47(viiad) |
Transfer of capital asset (being share, unit, interest), by a shareholder or unit holder or interest holder, held by him, in original fund in consideration for share or unit or interest in the resultant fund in a relocation. |
47(viiae) |
Transfer of capital asset by India Infrastructure Finance Company to an institution established for financing the infrastructure and development. |
47(viiaf) |
Transfer of capital asset, under a plan approved by the Central Government, by a public sector company to another public sector company |
47(viib) |
Transfer of capital assets (being a Government security carrying periodic payment of interest) outside India through an intermediary dealing in settlement of securities by a non-resident to another non- resident |
47(viic) | Redemption of capital asset being sovereign gold bond issued by RBI under the Sovereign Gold Bond Scheme, 2015 |
47(viid) | Conversion of Gold into Electronic Gold Receipt issued by a Vault Manager, or Conversion of Electronic Gold Receipt into Gold. |
47(ix) |
Transfer of a capital asset (being work of art, manuscript, painting, etc.) to Government, University, National museum, etc. |
47(x) |
Transfer by way of conversion of bonds or debentures into shares |
47(xa) |
Transfer by way of conversion of bonds [as referred to in section 115AC(1)(a)] into shares or debentures of any company |
47(xb) | Any transfer by way of conversion of preference shares into equity shares |
47(xi) |
Transfer by way of exchange of a capital asset being membership of a recognized stock exchange for shares of a company |
47(xii) |
Transfer of land by a sick industrial company which is managed by its workers’ co-operative |
47(xiii) |
Transfer of a capital asset by a firm to a company in the case of conversion of firm into company |
47(xiiia) |
Transfer of a capital asset being a membership right held by a member of a recognized stock exchange in India |
47(xiiib) |
Transfer of a capital asset by a private company or unlisted public company to an LLP, or any transfer of shares held in the company by a shareholder, in the case of conversion of company into LLP |
47(xiv) |
Transfer of a capital asset to a company in the case of conversion of proprietary concern into a company |
47(xv) |
Transfer involved in a scheme of lending of securities |
47(xvi) |
Transfer of a capital asset in a transaction of reverse mortgage made under a scheme notified by the Government |
47(xvii) |
Transfer of a capital asset (being share of a special purpose vehicle) to a business trust in exchange of units allotted by that trust to the transferor |
47(xviii) | Transfer of units of a mutual fund pursuant to consolidation of two or more schemes of equity oriented mutual fund or of two or more schemes of a mutual fund other than equity oriented mutual fund |
47(xix) | Transfer of units of a mutual fund from one plan to another pursuant to consolidation of plans within scheme of mutual funds. |
47(xx) | Transfer of the interest in a Joint Venture in exchange for shares in a foreign company. |
4.7 Computation of capital Gain:
Computation of capital gain depends upon the nature of the capital asset transferred during the previous year, vis-à-vis, short-term capital asset, long-term capital asset or depreciable asset. Capital gain arising on transfer of short-term capital asset or depreciable asset is considered as short-term capital gain, whereas transfer of long-term capital asset gives rise to long-term capital gain.
The capital gains on transfer of capital asset shall be computed in the following manner:
Short-term or long-term capital assets [Section 48] |
Depreciable asset [Section 50]* |
Full value of consideration Less: Cost of acquisition of asset (See Note 1) Less: Cost of improvement (See Note 1) Less: Expenditure incurred wholly and exclusively in connection with such transfer |
WDV of block of asset at the beginning of previous year Add: Actual cost of assets falling within that block acquired during the year Less: Full value of consideration of assets transferred during the year Less: Expenditure incurred wholly and exclusively in connection with such transfer |
* Short-term capital gain or loss from sale of depreciable asset will arise only in the following two situations:
a) When on last day of the previous year, WDV of the block of asset is nil; or
b) When on last day of the previous year, block ceases to exist.
Note 1: Indexed Cost of Acquisition and Improvement [Second Proviso to Section 48]
a) In case of transfer of long-term capital assetsbefore 23-07-2024*, indexed cost of acquisition and indexed cost of improvement shall be deducted from the full value of consideration;
b) Indexed cost of acquisition and Indexed cost of improvement shall be computed with reference to Cost Inflation Index (‘CII’) in the following manner:
Indexed Cost of Acquisition = | [(Cost of Acquisition) × (CII for the year of transfer)] | |
(CII for the year of acquisition or for the Financial Year 2001-02, whichever is later) |
Indexed Cost of Improvement = | [(Cost of Improvement) × (CII for the year of transfer)] | |
CII for the year of Improvement |
Note : The base year for computation of capital gains has been shifted from 1981 to 2001 with effect from assessment year 2018-19. Thus, if any capital asset (acquired before April 1, 2001) is transfered then assessee has an option to take its cost of acquisition either as fair market value as on April 1, 2001 or its actual cost.
* The Finance (No. 2) Act, 2024 removed the indexation benefit and introduced a uniform tax rate of 12.5% on long-term capital gains. As per the amendment, no indexation benefit is allowed while computing capital gain from long-term capital assets transferred on or after 23-07-2024. However, the Government has introduced a grandfathering provision. This provision allows resident individuals and resident HUFs to still apply indexation on land or building acquired before 23-07-2024 and pay tax at the old rate of 20% if the tax under the new law (i.e., tax calculated at 12.5% without indexation benefit) results in a higher amount.
However, there are some cases where benefit of indexation is not available, which are as under:
Section |
Capital Asset |
Transferor |
Third Proviso to Section 48 | Long-term capital gains arising from transfer of an equity share, or a unit of an equity oriented fund or a unit of a business trust as referred to in Section 112A. | Any Person |
Fourth proviso to section 48 |
Bonds or debentures. Note: However, indexation benefit is available on two type of bonds, namely,- • Capital indexed bonds (issued by the Government) • Sovereign Gold Bond (issued by the RBI under the Sovereign Gold Bond Scheme, 2015) |
Any person |
112 |
Capital gains arising from transfer of unlisted shares (which is taxable at concessional rate) as calculated without giving effect to first proviso to Section 48 |
Non-resident |
50A |
Depreciable asset (other than an asset used by a power generating unit eligible for depreciation on straight line basis) |
Any person |
50B |
Undertaking/division transferred by way of slump sale as covered by section 50B |
Any person |
115AB |
Units purchased in foreign currency as given in section 115AB |
Offshore fund |
115AC |
Global depository receipts (GDR) purchased in foreign currency as given in section 115AC |
Non-resident |
115ACA |
Global depository receipts (GDR) purchased in foreign currency as given in section 115ACA |
Resident individual - employee |
115AD |
Securities as given in section 115AD |
Foreign Institutional Investors |
CII in relation to a previous year means such index, as Central Government notifies on year to year basis.
The Central Government has notified the following Cost Inflation Indexes
Financial year | Cost Inflation Index |
2001-02 | 100 |
2002-03 | 105 |
2003-04 | 109 |
2004-05 | 113 |
2005-06 | 117 |
2006-07 | 122 |
2007-08 | 129 |
2008-09 | 137 |
2009-10 | 148 |
2010-11 | 167 |
2011-12 | 184 |
2012-13 | 200 |
2013-14 | 220 |
2014-15 | 240 |
2015-16 | 254 |
2016-17 | 264 |
2017-18 | 272 |
2018-19 | 280 |
2019-20 | 289 |
2020-21 | 301 |
2021-22 | 317 |
2022-23 | 331 |
2023-24 | 348 |
2024-25 | 363 |
2025-26 | 376 |
4.8 Computation of capital gain in case of sale of shares or debentures of an Indian company purchased by a non-resident in foreign currency [first proviso to section 48]
In such a case, capital gain shall be determined as under:-
Full Value of Consideration (X) | Find out sale consideration in Indian currency and convert it into same foreign currency, which was used to acquire the capital asset, at average exchange rate* on the date of transfer. |
Cost of acquisition (Y) | Find out the cost of acquisition in Indian currency and convert it into foreign currency at average exchange rate on the date of acquisition. |
Expenditure on sale (Z) | Find out the expenditure on transfer in Indian currency and convert it into same foreign currency at average exchange rate on the date of transfer (not on the date when expenditure is incurred). |
Capital gain (X-Y-Z) | The capital gains as computed in after reducing the cost of acquisition and expenditure from the full value of consideration shall be reconverted into Indian currency at buying rate** on the date of transfer. |
* Average exchange rate means the average of the telegraphic transfer buying rate and telegraphic transfer selling rate of the foreign currency initially utilised in the purchase of capital asset.
** Buying rate is the telegraphic transfer buying rate of such currency.
4.9 Full Value of Consideration
Full value of consideration is the consideration received or receivable by the transferor in lieu of assets, which he has transferred. Such consideration may be received in cash or in kind. If it is received in kind, then fair market value (‘FMV’) of such assets shall be taken as full value of consideration.
However, in the following cases “full value of the consideration” shall be determined on notional basis as per the relevant provisions of the Income-tax Act, 1961:
S. No. |
Nature of transaction |
Section |
Full Value of Consideration |
1. |
Money or other asset received under any insurance from an insurer due to damage or destruction of a capital asset |
45(1A) |
Value of money or the FMV of the asset (on the date of receipt) |
2. |
Conversion of capital asset into stock-in-trade |
45(2) |
FMV of the capital asset on the date of conversion |
3. |
Transfer of capital asset by a partner or member to firm or AOP/BOI, as the case may be, as his capital contribution |
45(3) |
Amount recorded in the books of accounts of the firm or AOP/BOI as the value of the capital asset received as capital contribution |
4. |
Distribution of capital asset by Firm or AOP/BOI to its partners or members, as the case may be, on its dissolution |
45(4) |
FMV of such asset on the date of transfer |
5. |
Money or other assets received by share- holders at the time of liquidation of the company |
46(2) |
Total money plus FMV of assets received on the date of distribution less amount assessed as deemed dividend under section 2(22)(c) |
6. |
Buy-back of shares and other specified securities by a company |
46A |
Consideration paid by company on buyback of shares or other securities would be deemed as full value of consideration. The difference between the cost of acquisition and buy-back price (full value of consideration) would be taxed as capital gain in the hands of the shareholder. However, in case of buy-back of shares by a domestic company (whether listed or unlisted), the company shall be liable to pay additional tax at the rate of 20% under section 115QA on the distributed income (i.e., buy-back price as reduced by the amount received by the company for issue of such shares). Consequently, capital gain arising in hands of shareholder shall be exempt by virtue of section 10(34A) in such cases. Note: (1) The Finance (No. 2) Act, 2024, has inserted a sunset date in section 115QA and provides that, with effect from 01-10-2024, the company shall not pay taxes on the buyback of shares. The buyback is now taxable in the hands of shareholders as a dividend under Section 2(22)(f). (2) The Finance (No. 2) Act, 2024 has also inserted a proviso to Section 46A to provides that the full value of consideration will be considered 'Nil' while computing capital gains in respect of the buy-back of shares on or after 01-10-2024. |
7. |
Shares, debentures, warrants (‘securities’) allotted by an employer to an employee under notified Employees Stock Option Scheme and such securities are gifted by the concerned employee to any person |
Fourth Proviso to Section 48 |
Fair Market value of securities at the time of gift |
7A. | Conversion of capital asset into stock-in-trade | 49 | FMV of the inventory as on the date of conversion |
7B. | The transfer of a Specified Mutual Fund acquired on or after 1st April 2023 or a Market Linked Debenture
Note: Applicability of Section 50AA extended to unlisted bonds and unlisted debentures that are transferred, redeemed, or matured on or after July 23, 2024. |
50AA |
Full value of consideration a rising out of transfer or redemption or maturity of such debenture or unit as reduced by- (a) The cost of acquisition of the debenture or unit; and (b) Expenditure incurred wholly and exclusively in connection with such transfer or redemption or maturity. |
7C. | Computation of capital gains in case of slump sale | 50B | FMV of the capital assets (being an undertaking or division transferred by way of slump sale) as on the date of transfer shall be deemed to be full value of the consideration received or accruing as a result of transfer of such capital asset. Such FMV shall be calculated in the prescribed manner. |
8. |
In case of transfer of land or building, if sale consideration declared in the conveyance deed is less than the stamp duty value |
50C |
The value adopted or assessed or assessable by the Stamp Valuation Authority shall be deemed to be the full value of consideration. However, no such adjustment is required to be made if value adopted for stamp duty purposes does not exceed 110% of the sale consideration. Note: Where the date of agreement (fixing the amount of consideration) and the date of registration for the transfer of property are not the same, the value adopted or assessed or assessable by Stamp Valuation Authority on the date of agreement may be taken as full value of consideration. |
8A. | Where consideration for transfer of unquoted shares is less than the Fair Market Value | 50CA | The Fair Market Value (so determined in prescribed manner) shall be deemed to be the full value of consideration Note: The Board may prescribe transactions undertaken by certain class of persons to which the provisions of Section 50CA shall not be applicable. (w.e.f. Assessment Year 2020-21) |
9. |
If consideration received or accruing as a result of transfer of a capital asset is not ascertainable or cannot be determined |
50D |
FMV of asset on the date of transfer |
4.10 Cost of Acquisition
Cost of acquisition of an asset is the amount for which it was originally acquired by the assessee. It includes expenses of capital nature incurred in connection with such purchase or for completing the title of the property.
However, in cases given below, cost of acquisition shall be computed on notional basis:
S. No. |
Particulars |
Notional Cost of Acquisition |
1. |
Additional compensation in the case of compulsory acquisition of capital assets |
Nil |
2. |
Assets received by a shareholder on liquidation of the company |
FMV of such asset on the date of distribution of assets to the shareholders |
3. |
Stock or shares becomes property of taxpayer on consolidation, conversion, etc. |
Cost of acquisition of such stock or shares from which such asset is derived |
4. |
Allotment of shares in an amalgamated Indian co. to the shareholders of amalgamating co. in a scheme of amalgamation |
Cost of acquisition of shares in the amalgamating co. |
5. |
Conversion of debentures into shares |
That part of the cost of debentures in relation to which such asset is acquired by the assessee |
5A. | Conversion of preference shares into equity shares | The part of the cost of preference shares in relation to which such asset is acquired by the assessee. |
6. |
Allotment of shares/securities by a co. to its employees under ESOP Scheme approved by the Central Government |
a) If shares are allotted during 1999-2000 or on or after April 1, 2009, FMV of securities on the date of exercise of option b) If shares are allotted before April 1, 2007 (not being during 1999-2000), the amount actually paid to acquire the securities c) If shares are allotted on or after April 1, 2007 but before April 1, 2009, FMV of securities on the date of vesting of option (purchase price paid to the employer or FBT paid to employer shall not be considered) |
6A. | Listed Equity Shares or Units of Equity Oriented Funds or Units of Business Trust as referred to in Section 112A acquired before February 1, 2018. |
Higher of : (i) Cost of acquisition of such asset; and (ii) Lower of: (A) The fair market value of such asset; and (B) The full value of consideration received or accruing as a result of transfer of such asset. Note: For meaning of 'Fair market Value' refer Explanation to Section 55(2)(ac). |
7. |
Property covered by section 56(2)(vii) or (viia) or (x) |
The value which has been considered for the purpose of Section 56(2)(vii) or (viia) or (x) |
8. |
Allotment of shares in Indian resulting company to the existing shareholders of the demerger company in a scheme of demerger |
Cost of acquisition of shares in demerged company ? Net book value of assets transferred in demerger ? Net worth of the demerged company immediately before demerger |
9. |
Cost of acquisition of original shares in demerged company after demerger |
Cost of acquisition of such shares minus amount calculated above in point 8. |
10. |
Cost of acquisition of assets acquired by successor LLP from predecessor private company or unlisted public company at the time of conversion of the company into LLP in compliance with conditions of Section 47(xiiib) |
Cost of acquisition of the assets to the predecessor private company or unlisted public company |
11. |
Cost of acquisition of rights of a partner in a LLP which became the property of the taxpayer due to conversion of a private company or unlisted public company into the LLP |
Cost of acquisition of the shares in the co. immediately before conversion |
12. |
Depreciable assets covered under Section 50 |
Opening WDV of block of assets on the first day of the previous year plus actual cost of assets acquired during the year which fall within the same block of assets |
13. |
Depreciable assets of a power generating unit as covered under Section 50A* |
WDV of the asset minus terminal depreciation plus balancing charge |
14. |
Undertaking/division acquired by way of slump sale as covered under Section 50B |
Net worth of such undertaking |
15. |
New asset acquired for claiming exemptions under sections 54, 54B, 54D, 54G or 54GA if it is transferred within three years |
Actual cost of acquisition minus exemption claimed under these sections |
16. |
Goodwill of business/profession or trade mark or brand name associated with business or right to manufacture, produce or process any article or thing or right to carry on any business or profession, tenancy right, stage permits or loom hours |
a) If such asset were acquired by the assessee by purchase from a previous owner; cost of acquisition means amount of purchase price; b) In the case falling under sub-clauses(i) to (iv) of sub-section (1) of section 49 and such asset was acquired by the previous owner by purchase; cost of acquisition means amount of purchase price for such previous owner; and c) in any other case, cost of acquisition shall be taken to be nil. |
17. |
Right shares |
Amount actually paid by assessee |
18. |
Right to subscribe to shares (i.e., right entitlement) |
Nil |
19. |
Bonus shares |
a) If allotted to the assessee before April 1, 2001 : Fair market value on that date of 01-04-2001 b) In any other case: Nil |
20. |
Allotment of equity shares and right to trade in stock exchange, allotted to members of stock exchange under a scheme of demutualization or corporatization of stock exchanges as approved by SEBI |
a) Cost of acquisition of shares: Cost of acquisition of original membership of the stock exchange b) Cost of acquisition of trading or clearing rights of the stock exchange: Nil |
21. |
Capital asset, being a unit of business trust, acquired in consideration of transfer as referred to in section 47(xvii) |
Cost of acquisition of shares as referred to in section 47(xvii) [applicable from AY 2015-16] |
Units allotted to an assessee pursuant to consolidation of two or more scheme of a mutual fund as referred to in Section 47(xviii) | Cost of acquisition of such units shall be the cost of acquisition of units in the consolidating scheme of the mutual fund | |
Shares in a company acquired by the non-resident assessee on redemption of Global Depository Receipts referred to in Section 115AC(1)(b) | Cost of acquisition of such shares shall be calculated on the basis of the price prevailing on any recognized stock exchange on the date on which a request for such redemption was made. | |
24. |
Any other capital asset: |
a) If it became property of taxpayer before April 1, 2001 by gift, will, etc., in modes specified in section 49(1): Cost of acquisition to the previous owner or FMV as on April 1, 2001, whichever is higher b) If it became property of taxpayer before April 1, 2001 : Cost of acquisition or FMV as on April 1, 2001, whichever is more c) If it became property of taxpayer on or after April 1, 2001 by gift, will, etc., in modes specified in section 49(1): Cost of acquisition to the previous owner d) If it became property of taxpayer on or after April 1, 2001 : Actual cost of acquisition |
* Terminal Depreciation/Balancing Charge:
a) Balancing Charge = Sales Consideration - WDV of the depreciable asset
b) Terminal Depreciation = WDV - Sales Consideration
When a depreciable asset (which was subject to depreciation on straight line basis) of a power generating units is sold, discarded, demolished or destroyed then terminal depreciation shall be deductible from sale consideration while computing capital gains, or balancing charge is taxable in the relevant year, as the case may be.
4.11 Cost to the Previous Owner [sec. 49(1)]
Cost to the previous owner shall be deemed to be the cost of acquisition in the hands of the taxpayer in cases where a capital asset becomes the property of the assessee under any of the modes given below:
a) On any distribution of assets on the total or partial partition of a HUF
b) Under a Gift or Will;
c) By Succession, Inheritance or Devolution;
d) On any distribution of assets on dissolution of a firm, BOI or AOP (where such dissolution had taken place at any time before the 01-04-1987);
e) On any distribution of assets on liquidation of a company;
f) Under a transfer to a revocable or an irrevocable trust;
g) On any transfer by a holding company to its wholly owned Indian subsidiary company;
h) On any transfer by a wholly owned subsidiary company to its Indian holding company;
i) On any transfer by the amalgamating company to the Indian amalgamated company;
j) In a scheme of amalgamation, any transfer of shares held in a Indian company by a amalgamating foreign company to the amalgamated Foreign company;
k) Consequent to transfer of share(in a scheme of amalgamation as referred to in Section 47(viab) of a foreign company which derives, directly or indirectly, its value substantially from the share or shares of an Indian company held by amalgamating foreign company to the amalgamated foreign company.
l) Consequent to transfer of capital asset by the demerged company to the resulting Indian company. (in case of demerger)
m) Consequent to transfer of share (in case of demerger as referred to in Section 47(vic) of a foreign company which derives, directly or indirectly, its value substantially from the share or shares of an Indian company held by a demerged foreign company to resulting foreign company.
n) Any transfer, in a scheme of amalgamation of a banking company with a banking institution;
o) On any transfer in a scheme of business reorganization of a cooperative bank;
p) On any transfer in a scheme of conversion of private company or unlisted company into LLP;
q) On any transfer in case of conversion of Firm or Sole proprietary concern into Company;
r) By HUF where one of its members has converted his self-acquired property into joint family property.
Note:
Where previous owner has also acquired the property in the aforesaid manner the ‘previous owner’ of the property shall be construed as the last previous owner who acquired the property by means other than those stated above.
4.12 Cost of Improvement [Sec. 55(1)(b)]
Cost of improvement, in relation to the capital assets shall include all capital expenditure incurred in making addition or alteration to the capital assets by the assessee or the previous owner. However, cost of improvement does not include any expenditure incurred prior to 01-04-2001. Cost of improvement shall be computed in the following manner:
S. No. |
Particular |
Cost of Improvement |
1. |
In relation to goodwill of a business, right to manufacture, produce any article or thing or right to carry on business or profession |
NIL |
2. |
In relation to capital asset which becomes property of the assessee or previous owner before 01-04-2001 |
Any expenditure of capital nature incurred on or after 01-04-2001 |
3. |
In relation to capital asset which becomes property of the assessee or previous owner before 01.04.2001 by way of any mode specified under Section 49(1) |
Any expenditure of capital nature incurred on or after 01-04-2001 by the assessee or the previous owner |
4. |
In relation to capital asset which becomes property of the assessee or previous owner on or after 01.04.2001 |
Any expenditure of capital nature incurred by the assessee or the previous owner |
5. |
In relation to capital asset which becomes property of the assessee or previous owner on or after 01-04-2001 by way of any mode specified under Section 49(1) |
Any expenditure of capital nature incurred by the assessee or the previous owner |
4.13 Rates of tax on capital gains:
1. Short Term Capital Gains
a) Short-term capital gains shall be included in the gross total income of the taxpayer and will be taxed at the normal rates;
b) Short-term capital gains arising from the transfer of Equity Shares, Units of an Equity Oriented Funds or a unit of a business trust which is chargeable to securities transaction tax shall be taxed under section 111A at:
- 15% for any transfer which takes place before 23-07-2024; and
- 20% for any transfer which takes place on or after 23-07-2024.
Note:-
Now benefit of reduced rate of tax (i.e., 20%/15%) shall be available in respect of income arising from transfer of units of a business trust which were acquired by assessee in lieu of shares of special purpose vehicle as referred to in section 47(xvii).
2. Long Term Capital Gains
a) Long-term capital gains are subject to tax at the rate of:
- 20% for any transfer which takes place before 23-07-2024; and
- 12.5% for any transfer which takes place on or after 23-07-2024.
b) Long-term capital gains arising from transfer of listed securities [other than as referred to in point d) below] or a zero coupon shall be taxable as follows:
- If transfer takes place before 23-07-2024, long-term capital gains shall be taxable at the following rate, whichever is beneficial:
i. 20% after taking benefit of indexation; or
ii. 10% without taking benefit of indexation.
If transfer takes place on or after 23-07-2024, long-term capital gains shall be taxable at 12.5% without indexation.
c) Long-term capital gains arising to a non-residents or foreign company from transfer of unlisted securities shall be taxed at the following rates without giving benefit for indexation;
- 10% for any transfer which takes place before 23-07-2024; and
- 12.5% for any transfer which takes place on or after 23-07-2024.
d) Long-term capital gains arising from transfer of listed equity share, or a unit of an equity oriented fund or a unit of a business trust as referred to in Section 112A shall be chargeable to tax at the rate of:
- 10% in excess of Rs. 1,00,000** for any transfer which takes place before 23-07-2024; and
- 12.5% in excess of Rs. 1,25,000** for any transfer which takes place on or after 23-07-2024.
**The aggregate limit of Rs. 1,25,000 shall be considered to compute long-term capital gains from transfer made during 01-04-2024 to 31-03-2025. For Financial Year 2025-26, the threshold limit of Rs. 1,25,000 shall be considered.
Note:
(1) The Finance (No. 2) Act, 2024, has provided a uniform tax rate of 12.5% for long-term capital gains on all capital assets and has removed the indexation benefit. Therefore, for long-term capital assets transferred on or after 23-07-2024, the original cost of acquisition or improvement shall be deducted from the full value of consideration to compute capital gains instead of indexed cost of acquisition or indexed cost of improvement. To ease the transition to these new rules, the Government has introduced a grandfathering provision. As per this provision, if the amount of tax under the new law (i.e., the law as amended by the Finance (No. 2) Act, 2024) exceeds the amount of tax under the old law (i.e., the law as it stood immediately before the amendment by the Finance (No. 2) Act, 2024 ), the excess amount shall be ignored. Thus, this provision ensures that the taxpayers do not face higher taxes under the new regime compared to the old one. However, this grandfathering provision applies only to resident individuals or Hindu Undivided Families (HUFs) and only for land or buildings acquired before 23-07-2024.
(2) Beside above, there are special tax rates prescribed under section 115AB, 115AC, 115ACA, 115AD and 115E to tax capital gains.
4.14 Reference to valuation officer [Section 55A]
With a view to ascertaining the fair market value of a capital asset, the concerned Assessing Officer may refer the valuation of the capital asset to a Valuation Officer appointed by the Income-tax Department in the following cases:
1) Where the value of the asset as claimed by the assessee is in accordance with the estimate made by a registered valuer (who works in a private capacity under a licence issued by the Board and his valuation is not binding on the Assessing Officer), but the Assessing Officer is of opinion that the value so claimed is at variance with the fair market value of the asset;
2) Where the Assessing Officer is of opinion that the fair market value of the asset exceeds the value of the asset by more than Rs. 25,000 or 15 per cent of the value claimed by the assessee, whichever is less; or
3) Where the Assessing Officer is of opinion that, having regard to nature of an asset and relevant circumstances, it is necessary to make a reference to the Valuation Officer
4.15 Deduction/ Exemption under Capital Gain
Particulars |
Section 54 |
Section 54B |
Section 54D |
Section 54EC |
Section 54EE |
Section 54F |
Section 54G |
Section 54GA |
Section 54GB |
Eligible taxpayers |
Individual and HUF |
Individual and HUF |
Any person |
Any person |
Any Person |
Individual and HUF |
Any person |
Any person |
Individual and HUF |
Capital gains eligible for exemption |
Long-term |
Short-term or Long-term |
Short-term or Long-term |
Long-term |
Long-term |
Long-term |
Short-term or Long-term |
Short-term or Long-term |
Long-term |
Capital gains arising from transfer of |
Residential House property |
Agriculture land used by taxpayer or by his parents or HUF for agriculture purposes in last 2 years before its transfer |
Compulsory acquisition of land or building forming part of industrial undertaking (which was used for industrial purposes for at least 2 years before its acquisition). |
Any long-term capital asset being Land or Building or Both |
Any long-term capital asset |
Any long term asset (other than a residential house property) provided on date of transfer taxpayer does not own more than one residential house property (except the new house) |
Land, building, plant or machinery, in order to shift industrial undertaking from urban area to rural area. |
Land, building, plant or machinery, in order to shift industrial undertaking from urban area to SEZ. |
Residential property (house or a plot of land) Note: Provisions of this section shall not apply to any transfer of residential property made after March 31, 2017. However, in case of an investment in eligible start-up, the residential property can be transferred up to March 31, 2019. Note: w.e.f. Assessment Year 2020-21, the sunset date for transfer of original capital asset (residential property) for investment in eligible start-ups is extended from March 31, 2019 to March 31, 2021 and the condition of minimum holding of 50% of share capital or voting rights in the start-up is relaxed to 25%. |
Assets to be acquired for exemption |
One residential house property Or Two residential house properties Note: With effect from Assessment Year 2020-21, a taxpayer has an option to make investment in two residential house properties in India. This option can be exercised by the taxpayer only once in his lifetime provided the amount of long-term capital gain does not exceed Rs. 2 crores. |
Agricultural land (may be in urban area or rural area) |
Land or building for shifting or reestablishing said industrial undertaking |
Bond of NHAI or REC, etc. |
Units of such fund as may be notified by Central Government to finance start-ups |
One residential house property |
Land, building, plant or machinery, in order to shift industrial undertaking to rural area. |
Land, building, plant or machinery, in order to shift industrial undertaking to SEZ. |
Subscription in equity shares of an eligible company. Note: 1. W.e.f. April 1, 2017, eligible start-up is also included in definition of eligible company. 2. The eligible company should utilize the amount of subscription for purchase of new assets (i.e., plant and machinery except vehicle, office appliances, computer or computer software etc.). However, In the case of eligible startup, the new asset shall include computers or computer software. |
Time limit for acquiring the new assets |
Purchase: within 1 year before or 2 years after date of transfer Construction: within 3 years after date of transfer |
Within 2 years after date of transfer |
Within 3 years from date of receipt of compensation |
Within 6 months from date of transfer |
Within 6 months after the date of transfer of original asset |
Purchase: within 1 year before or within 2 years after date of transfer Construction: within 3 years after date of transfer |
within 1 year before or 3 years after date of transfer |
Within 1 year before or within 3 years after date of transfer |
Investment by the assessee - Before due date for furnishing of return under Sec. 139(1). Investment by the company - within 1 year from date of subscription. |
Exemption Amount |
Investment in new assets or capital gain, whichever is lower Note: if the cost of new asset exceeds Rs. 10 crore, the excess amount shall be ignored and Rs. 10 crore shall be taken into consideration |
Investment in agricultural land or capital gain, whichever is lower |
Investment in new assets or capital gain, whichever is lower |
Investment in new assets or capital gains, whichever is lower, however, subject to Rs. 50 lakhs. |
Investment in new assets or capital gains, whichever is lower, however, subject to Rs. 50 lakhs. |
Investment in new assets X capital gain/net consideration Note: if the cost of new asset exceeds Rs. 10 crore, the excess amount shall be ignored and Rs. 10 crore shall be taken into consideration |
Investment in new assets or capital gain, whichever is lower |
Investment in new assets or capital gain, whichever is lower |
Investment in new assets X capital gain/net consideration |
Withdrawal of exemption |
If new asset is transferred within 3 years of its acquisition |
If new asset is transferred within 3 years of its acquisition |
If new asset is transferred within 3 years of its acquisition |
If new asset is transferred or it is converted into money or a loan is taken on its security within 5 years of its acquisition |
If new asset is transferred within a period of 3 years from the date of its acquisition. Note: Where assessee takes loans or advance on security of such specified asset, he shall be deemed to have transferred such asset on the date on which such loan or advance is taken. |
a) If new asset is transferred within 3 years of acquisition, b) if another residential house is purchased within 2 years of transfer of original asset; c) if another house is constructed within 3 years of transfer of original asset |
If new asset is transferred within 3 years of acquisition |
If new asset is transferred within 3 years of acquisition |
If equity shares in company or new asset acquired by company is sold or transferred within a period of 5 years from date of acquisition. Note: w.e.f. Assessment Year 2020-21, the restriction on the transfer of new asset is reduced to 3 years in case of computer or computer software. |
Deposit in Capital gains deposit scheme before due date under Sec. 139(1) |
Yes |
Yes |
Yes |
No |
No |
Yes |
Yes |
Yes |
Yes |
Note: The Central Board of Direct Taxes has notified the bonds redeemable after 5 years issued by Housing and Urban Development Corporation Limited (HUDCO) as a "long-term specified asset" for the purposes of section 54EC.[Notification no. 31/2025, dated 07-04-2025]
Capital Gain Account Scheme 1988
a) The scheme is open to all taxpayers, who wish to claim exemption under Sections 54, 54B, 54D, 54F, 54G or 54GB.
b) If taxpayer could not invest the capital gains to acquire new asset before due date of furnishing of return, the capital gains can be deposited before due date for furnishing of return of income in deposit account in any branch of a nationalized bank in accordance with Capital Gain Account Scheme 1988.
c) w.e.f. Assessment Year 2024-25, if the capital gains deposited in the Capital Gains Scheme Account (CGSA) exceed Rs. 10 crores, the excess amount shall not be taken into account while computing capital gain exemption under section 54.
d) w.e.f. Assessment Year 2024-25, where the net consideration deposited in the CGSA exceeds Rs. 10 crores, the excess amount shall not be taken into account while computing capital gain exemption under section 54F
V. Income from Other Sources
Any income which is not chargeable to tax under any other heads of income and which is not to be excluded from the total income shall be chargeable to tax as residuary income under the head “Income from Other Sources”.
5.1 Basis of Charge [Sec. 56]:
Income chargeable to tax under the head “Income from other sources” shall include following:
S. No. |
Nature of income taxable as residuary income |
1. |
Dividends |
2. |
Income by way of winnings from lotteries, crossword puzzles, races including horse races, card games, gambling or betting of any form or nature whatsoever |
3. |
Any sum received by an employer from his employees as contribution towards PF/ESI/ Superannuation Fund etc., if same is not deposited in the relevant fund and it is not taxable under the head ‘Profits and Gains from Business or Profession’. |
4. |
Interest on securities, if not taxable under the head ‘Profits and Gains of Business or Profession’ |
5. |
Income from machinery, plant or furniture belonging to taxpayer and let on hire, if income is not chargeable to tax under the head ‘Profits and Gains of Business or Profession’ |
6. |
Composite rental income from letting of plant, machinery or furniture with buildings, where such letting is inseparable and such income is not taxable under the head ‘Profits and Gains of Business or Profession’ |
7. |
Any sum received under Keyman Insurance Policy (including bonus), if not taxable under the head ‘Profits and Gains of Business or Profession’ or under the head ‘Salaries’ |
8. |
In the following cases, any sum of money or property received by a person from any person (except from relatives or member of HUF or in given circumstances, see note 1) shall be taxable under the head ‘Income from other sources’: a) If any sum is received without consideration in excess of Rs. 50,000 during the previous year, the whole amount shall be chargeable to tax; Though the provisions relating to gift applies in case of every person, but it has been reported that gifts by a resident person to a non-resident are claimed to be non-taxable in India as the income does not accrue or arise in India. To ensure that such gifts made by residents to a non-resident person are subjected to tax in India, the Finance (No. 2) Act, 2019 has inserted a new clause (viii) under Section 9 of the Income-tax Act to provide that any income arising outside India, being money paid without consideration on or after 05-07-2019, by a person resident in India to a non-resident or a foreign company shall be deemed to accrue or arise in India. However, the Finance Act, 2023 amended section 9(viii) to include the applicability of provisions of gifts in case of a person being not ordinarily resident in India w.e.f 1st April 2023. b) If an immovable property is received without consideration and the stamp duty value exceeds Rs. 50,000, the stamp duty value of such property shall be chargeable to tax; c) If immovable property is received for consideration which is less than the stamp duty value of property by higher of following amount the difference is chargeable to tax: (i) the amount of Rs. 50,000 (ii) the amount equal to 10% of consideration. d) If movable properties* is received without consideration and the aggregate fair market value of such properties exceeds Rs. 50,000, the whole of aggregate fair market value of such properties shall be chargeable to tax e) If movable properties is received for consideration which is less than the aggregate fair market value of properties by an amount exceeding Rs. 50,000, the difference between the aggregate fair market value and the consideration is chargeable to tax. Note: 1. Any sum of money received by an individual, from any person, in respect of any expenditure actually incurred by him on his medical treatment or treatment of any member of his family in respect of any illness related to COVID-19, shall not be considered as income of such person. (subject to certain conditions) 2. Any sum of money received by family member of a person who died due to COVID-19, the money so received shall not be considered as income of the family member where such money is received from the employer of deceased person. Where the money is received from any other person or persons, the exemption amount shall be limited to Rs. 10 lakh in aggregate. (subject to certain conditions |
9. |
If shares in a closely held company are received by a firm or another closely held company from any person without consideration or for inadequate consideration, the aggregate fair market value of such shares as reduced by the consideration paid, if any, shall be chargeable to tax. Note: Nothing would be chargeable to tax if taxable amount doesn’t exceed Rs. 50,000. |
10. |
If a closely held public company receives any consideration for issue of shares which exceed the fair market value of such shares, the aggregate consideration received for such shares as reduced by its fair market value shall be chargeable to tax. Notes: (1) This provision is not applicable in the following cases: a) Where the consideration for issue of shares is received by a venture capital undertaking from a venture capital company or venture capital fund or a specified fund. “Specified fund” means a fund established or incorporated in India in the form of a trust or a company or a LLP or a body corporate which has been granted a certificate of registration by SEBI as a Category I or Category II Alternative Investment Fund (AIF). b) Where the consideration for issue of shares is received by company from class or classes of person as notified by the Government. In this regard, the Government has provided that section 56(2)(viib) shall not apply where consideration is received by a start-up company in respect of shares issued to a resident person. However, a start-up company shall fulfil the condition mentioned in the Notification No. 127(E), dated 19-02-2019 issued by the Department for Promotion of Industry and Internal Trade (DPIIT). With a view to ensure compliance to the conditions specified in the said notification, the Finance (No. 2) Act, 2019 reiterates that in case of failure to comply with the conditions specified in the notification, the consideration received from issue of shares as exceeding the fair market value of such shares, shall be deemed to be income of the company chargeable to tax for the previous year in which such failure takes place. Further, it shall be deemed that the company has misreported the said income and, consequently, a penalty of an amount equal to 200% of tax payable on the underreported income (i.e., difference between issue price and fair market value of shares) shall be levied as per section 270A. (2) This provision is not applicable w.e.f. Assessment Year 2025-26. |
10A. | Any compensation received by a person in connection with the termination of his employment or modification of terms and conditions relating thereto. |
11. |
Interest received on compensation or enhanced compensation |
12. |
Any sum of money received as an advance or otherwise in the course of negotiations for transfer of a capital asset shall be charged to tax under this head, if: a) Such sum is forfeited; and b) The negotiations do not result in transfer of such capital asset. |
* ‘Movable property’ shall include shares, securities, jewellery, archaeological collection, drawings, paintings, sculptures, any work of art or bullion etc.
5.1.1 Gifts not chargeable to tax [Sec. 56(2)(x)]
Any sum of money or property received by any person in the following circumstances shall not be chargeable to tax:
a) Gifts received from relatives**;
b) Gifts received by an individual on occasion of his/her marriage;
c) Gifts received by way of Inheritance/will;;
d) Gifts received in contemplation of death of the payer;
e) Gifts received from any local authority;
f) Gifts received from any fund, foundation, university, educational institution, hospital, medical institution, any trust or institution referred to in Section 10(23C); [w.e.f. AY 2023-24, this exemption is not available if a sum of money is received by a specified person referred to in section 13(3)].
g) Gifts received from any trust or institution registered under sections 12A/12AA/12AB [w.e.f. AY 2023-24, this exemption is not available if a sum of money is received by a specified person referred to in section 13(3)].
h) Share received as a consequences of demerger or amalgamation of a company under clause (vid) or clause (vii) of section 47, respectively.
i) Share received as a consequences of business reorganization of a co-operative bank under section 47(vicb)
j) From any person, in respect of any expenditure actually incurred by individual on his medical treatment or treatment of any member of his family, for any illness related to COVID-19 (subject to such conditions as prescribed by Govt.).
k) By a member of the family*** of a deceased person, if cause of death is illness related to COVID-19,:
- From the employer of the deceased person; or
- From any other person or persons to the extent that such sum doesn’t exceed Rs. 10 lakh.
Note: The member must receive the payment within 12 months from the date of death of such person and satisfy such other conditions which may the Central Government may notify in this behalf
l) from such class of persons and subject to such conditions as may be prescribed
** ‘Relative’ shall mean:
1. Spouse of the individual
2. Brother or sister of the individual
3. Brother or sister of the spouse of the individual
4. Brother or sister of either of the parents of the individual
5. Any lineal ascendant or descendant of the individual
6. Any lineal ascendant or descendant of spouse of the individual
7. Spouse of the person referred in point 2-6 above
*** ‘Family’, in relation to an individual, means:
1. The spouse and children of the individual; and
2. The parents, brothers, and sisters of the individual or any of them, wholly or mainly dependent on the individual.
5.2 Deductions [Sec. 57]:
The following expenditures are allowed as deductions from income chargeable to tax under the head ‘Income from Other Sources’:
S.N. |
Section |
Nature of Income |
Deductions allowed |
1. |
57(i) |
Dividend [other than dividend referred to in section 2(22)(f)] or Interest on securities |
Any reasonable sum paid by way of commission or remuneration to banker or any other person for purpose of realizing dividend or interest on securities |
2. |
57(ia) |
Employee’s contribution towards Provident Fund, Superannuation Fund, ESI Fund or any other fund setup for the welfare of such employees |
If employees’ contribution is credited to their account in relevant fund on or before the due date |
3. |
57(ii) |
Rental income letting of plant, machinery, furniture or building |
Rent, rates, taxes, repairs, insurance and depreciation etc. |
4. |
57(iia) |
Family Pension |
In case of normal tax regime: • 33.33% of Family Pension subject to maximum of Rs. 15,000 In case of new tax regime under section 115BAC(1A)(ii) • 33.33% of Family Pension subject to maximum of Rs. 25,000 (Applicable w.e.f. AY 2025-26) |
5. |
57(iii) |
Any other income |
Any other expenditure (not being capital expenditure) expended wholly and exclusively for earning such income |
6. |
57 (iv) |
Interest on compensation or enhanced compensation |
50% of such interest (subject to certain conditions) |
7. |
58(4) Proviso |
Income from activity of owning and maintaining race horses. |
All expenditure relating to such activity. |
5.3 Expenses not deductible [Section 58]:
S.N. |
Section |
Nature of Income |
1. |
58(1)(a)(i) |
Personal expenses |
2. |
58(1)(a)(ii) |
Interest chargeable to tax which is payable outside India on which tax has not been paid or deducted at source |
3. |
58(1)(a)(iii) |
‘Salaries’ payable outside India on which no tax is paid or deducted at source |
4. |
58(1A) |
Wealth-tax |
5. |
58(2) |
Expenditure of the nature specified in section 40A |
6. |
58(4) |
Expenditure in connection with winnings from lotteries, crossword puzzles, races, games, gambling or betting |
Disclaimer:
The contents of this document are for information purposes only. This aims to enable public to have a quick and an easy access to information and do not purport to be legal documents.
Viewers are advised to verify the content from Government Acts/Rules/Notifications etc.
Penalties
[AY 2026-27]
Section | Nature of default | Penalty leviable |
(1) | (2) | (3) |
140A(3) | Failure to pay wholly or partly— | Such amount as Assessing Officer may impose but not exceeding tax in arrears |
(a) self-assessment tax/fringe benefit tax, or |
||
(b) interest, and fee, or |
||
(c) both |
||
under section 140A(1) | ||
158BFA(2) | Determination of undisclosed income of block period | 50 per cent of tax leviable in respect of undisclosed income |
221(1) | Default in making payment of tax | Such amount as Assessing Officer may impose but not exceeding amount of tax in arrears |
234E | Failure to file statement within time prescribed in section 200(3) or in proviso to section 206C(3) | Rs. 200 for every day during which failure continues but not exceeding tax deductible/collectible |
234F | Default in furnishing return of income within time as prescribed under section 139(1) | Rs. 5,000 if return is furnished after due date specified under section 139(1). However if the total income of the person does not exceed Rs. 5 lakhs then Rs. 1,000 shall be the late filing fees. |
234G | Fee for default in submission of statement/certificate prescribed under section 35/Section 80G |
Rs. 200 per day |
234H | Fee for default in intimating the Aadhaar Number |
a) Rs. 500, if such intimation is made between 01-04-2022 and 30-06-2022; and Rs. 1,000, in all other cases. |
270A(1) | Under-reporting and misreporting of income |
A sum equal to 50% of the amount of tax payable on under-reported income. However, if under-reported income is in consequence of any misreporting thereof by any person, the penalty shall be equal to 200% of the amount of tax payable on under-reported income |
271A | Failure to keep, maintain, or retain books of account, documents, etc., as required under section 44AA | Rs. 25,000 |
271AA(1) |
(1) Failure to keep and maintain information and documents required by section 92D(1) or 92D(2) |
2% of value of each international transaction/or specified domestic transaction entered into |
(2) Failure to report such transaction |
||
(3) Maintaining or furnishing incorrect information or document |
||
271AA(2) | Failure to furnish information and document as required under Section 92D(4) | Rs. 5,00,000/- |
271AAA | Where search has been initiated before 1-7-2012 and undisclosed income found | 10% of undisclosed income |
271AAB(1) | Where search has been initiated on or after 1-7-2012 but before 15-12-2016 and undisclosed income found | (a) 10% of undisclosed income of the specified previous year if assessee admits the undisclosed income; substantiates the manner in which it was derived; and on or before the specified date pays the tax, together with interest thereon and furnishes the return of income for the specified previous year declaring such undisclosed income |
(b) 20% of undisclosed income of the specified previous year if assessee does not admit the undisclosed income, and on or before the specified date declare such income in the return of income furnished for the specified previous year and pays the tax, together with interest thereon; | ||
(c) 60% of undisclosed income of the specified previous year if it is not covered by (a) or (b) above | ||
271AAB(1A) | Where search has been initiated on or after 15-12-2016 but before 01-09-2024 and undisclosed income found |
(a) 30% of undisclosed income of the specified previous year if assessee admits the undisclosed income; substantiates the manner in which it was derived; and on or before the specified date pays the tax, together with interest thereon and furnishes the return of income for the specified previous year declaring such undisclosed income (b) 60% of undisclosed income of the specified previous year in any other case. |
271AAC | Income determined by Assessing Officer includes any income referred to in section 68, section 69, section 69A, section 69B, section 69C or section 69D for any previous year. [if such income is not included by assessee in his return or tax in accordance with section 115BBE has not been paid] | 10% of tax payable under section 115BBE. |
271AAD |
Penalty, if during any proceedings under the Act, it is found that in the books of accounts maintained by assessee, there is: a) A false entry; or b) Any entry relevant for computation of total income of such person has been omitted to evade tax liability. |
100% of such false entries or omitted entry |
271AAE |
Penalty for violation of the provisions of 21st proviso to section 10(23C) or section 13(1)(c) pertaining to passing of unreasonable benefits to trustees or specified person |
(a) For the first violation: to the extent of income applied by the institution for the benefit of any interested party referred to in section 13(3); (b) For any violation in subsequent years: twice the amount of such income so applied (“double penalty”). |
271B | Failure to get accounts audited or furnish a report of audit as required under section 44AB | One-half per cent of total sales, turnover or gross receipts, etc., or Rs. 1,50,000, which-ever is less |
271BA | Failure to furnish a report from an accountant as required by section 92E | Rs. 1,00,000 |
271C | Failure to deduct tax at source, wholly or partly, under sections 192 to 196D (Chapter XVII-B), second proviso to section 194B, or failure to pay or ensure payment of tax as required by section 115-O(2), first proviso to section 194R(1), proviso to section 194S(1) or section 194BA(2) . | Amount equal to tax not deducted or paid |
271CA | Failure to collect tax at source as required under Chapter XVII-BB | Amount equal to tax not collected |
271D |
Taking or accepting any loan or deposit or specified sum in contravention of the provisions of Section 269SS. "Specified sum" means any sum of money receivable, whether as advance or otherwise, in relation to transfer of an immovable property, whether or not the transfer takes place. |
Amount equal to loan or deposit or specified sum so taken or accepted |
271DA | Receipt of an amount of Rs. 2 lakh or more in contravention of provisions of Section 269ST. | Amount equal to such receipt |
271DB | Failure to provide facility for accepting payment through prescribed electronic modes of payment as referred to in section 269SU | Rs. 5,000 rupees for every day of default |
271E |
Repayment of any loan or deposit or specified advance otherwise than in accordance with provision of Section 269T. "Specified advance" means any sum of money in the nature of advance, by whatever name called, in relation to transfer of an immovable property, whether or not transfer takes place. |
Amount equal to loan or deposit or specified advance so repaid |
271FA1 | Failure to furnish an annual information return as required under section 285BA(1)2 | Rs. 500 per day of default |
Failure to furnish annual information return within the period specified in notice u/s 285BA(5) Rs. 1,000 per day of default | Rs. 1,000 per day of default | |
271FAA1 | Failure to furnish a statement under section 285BA or failure to furnish a correction statement within the specified period or failure to comply with the due diligence requirement | Rs. 50,000 |
Furnishing of inaccurate information by reporting financial institution and such inaccuracy is due to false or inaccurate information submitted by the holder of reportable accounts | Rs, 5,000 for every inaccurate reportable account | |
271FAB |
Section 9A provides that fund management activity carried out by an eligible offshore investment fund through an eligible fund manager acting on behalf of such fund shall not constitute business connection in India (subject to certain conditions). The provision requires that eligible investment fund shall furnish within 90 days from the end of the financial year a statement, in respect of its activities in a financial year, in the prescribed form containing information relating to fulfilment of specified conditions and such other information or documents as may be prescribed. Penalty to be levied if investment fund failed to comply with the requirement. |
Rs. 5,00,000 |
271G3 | Failure to furnish any information or document as required by section 92D(3) | 2% of the value of the international transaction/specified domestic transaction for each failure |
271GA |
Section 285A provides for reporting by an Indian concern if following two conditions are satisfied: a) Shares or interest in a foreign company or entity derive substantial value, directly or indirectly, from assets located in India; and b) Such foreign company or entity holds such assets in India through or in such Indian concern. In this case, the Indian entity shall furnish the prescribed information for the purpose of determination of any income accruing or arising in India under Section 9(1)(i). In case of any failure, the Indian concern shall be liable to pay penalty. |
Penalty shall be: a) a sum equal to 2% of value of transaction in respect of which such failure has taken place, if such transaction had effect of, directly or indirectly, transferring right of management or control in relation to the Indian concern; b) a sum of Rs. 5,00,00 in any other case. |
271GB(1) | Failure to furnish report under section 286(2) | Rs. 5,000 per day upto 30 days and Rs. 15,000 per day beyond 30 days |
271GB(2) | Failure to produce the information and documents within the period allowed under section 271GB(6) | Rs. 5,000 for every day during which the failure continues. |
271GB(3) | Failure to furnish report or failure to produce information/documents under section 286 even after serving order under section 271GB(1) or 271GB(2) | Rs. 50,000 for every day for which such failure continues beginning from the date of serving such order. |
271GB(4) | Failure to inform about inaccuracy in report furnish under section 286(2) | Rs. 5,00,000 |
Or furnishing of inaccurate information or document in response to notice issued under section 286(6). | ||
271GC | Failure to submit statement under section 285 by a non-resident having liaison office in India (applicable with effect from April 1, 2025) | Rs. 1,000 per day of failure, up to 3 months; or Rs. 1,00,000 in any other case |
271H4 | Failure to deliver/cause to be delivered a statement within the time prescribed in section 200(3) or the proviso to section 206C(3), or furnishes incorrect information in the statement | W.e.f. 1-10-2014 Assessing Officer may direct payment of penalty. Penalty shall not be less than Rs. 10,000 but may extend to Rs. 1,00,000 |
271K4 | Penalty of default in submission of statement/certificate prescribed under section 35/Section 80G | Rs. 10,000 to Rs. 1 lakh |
271-I |
As per section 195(6) of the Act, any person responsible for paying to a non-resident or to a foreign company, any sum (whether or not chargeable to tax), shall furnish the information relating to such payment in Form No. 15CA and 15CB. Penalty shall be levied in case of any failure. |
Rs. 1,00,000 |
271J | Furnishing of incorrect information in any report or certificate by an accountant or a merchant banker or a registered valuer | Rs. 10,000 for each incorrect report or certificate |
272A(1) | Refusal or failure to : | Rs. 10,000 for each failure/default |
(a) answer questions |
||
(b) sign statement |
||
(c) attend to give evidence or produce books of account, etc., in compliance with summons under section 131(1) |
||
(d) comply with notices u/s 142(1)/143(2) or failure to comply with direction issued u/s 142(2A). |
||
272A(2) | Failure to : | |
(a) furnish requisite information in respect of securities as required under section 94(6) ; |
Rs. 500 for every day during which the failure continues (In respect of penalty for failure, in relation to a declaration mentioned in section 197A, a certificate as required by section 203 and returns u/ss 206 and 206C and statements under Section 200(2A) or section 200(3) or proviso to section 206C(3) or section 206C(3A), penalty shall not exceed amount of tax deductible or collectible) | |
(b) give notice of discontinuance of business or profession as required under section 176(3) ; |
||
(c) furnish in due time returns, statements or certificates, deliver declaration, allow inspection, etc., under sections 133, 134, 139(4A), 139(4C), 192(2C), 197A, 203, 206, 206C, 206C(1A) and 285B; |
||
(d) deduct and pay tax under section 226(2) |
||
(e) file a copy of the prescribed statement within the time specified in section 200(3) or the proviso to section 206C(3) (up to 1-7-2012) |
||
(f) file the prescribed statement within the time specified in section 206A(1) (g) Failure to deliver or cause to be delivered a statement under Section 200(2A) or Section 206C(3A) within prescribed time. With effect from June 1, 2015, it is mandatory for an office of the Government, paying TDS or TCS, as the case may be, without production of a challan, to deliver a statement in the prescribed form and manner to the prescribed authority. |
||
272AA(1) | Failure to comply with section 133B | Not exceeding Rs. 1,000 |
272B | Failure to comply with provisions relating to PAN or Aadhar as referred to in section 139A/139A(5)(c)/(5A)/(5C) | Rs. 10,000 for each default |
272BB(1) | Failure to comply with section 203A | Rs. 10,000 for each failure/default |
272BB(1A) | Quoting false tax deduction account number/tax collection account number/tax deduction and collection account number in challans/certificates/statements/documents referred to in section 203A(2) | Rs. 10,000 |
Note : No penalty is imposable for any failure under sections 271(1)(b), 271A, 271AA, 271B, 271BA, 271BB, 271C, 271CA, 271D, 271E, 271F, 271FA, 271FAB, 271FB, 271G, 271GA, 271GB, 271H, 271-I, 272A(1)(c) or (d), 272A(2), 272AA(1), 272B, 272BB(1), 272BB(1A), 272BBB(1), 273(1)(b), 273(2)(b) and 273(2)(c) if the person or assessee proves that there was reasonable cause for such failure (section 273B).
Section 273AA provides that a person may make application to the Principal Commissioner/Commissioner for granting immunity from penalty, if (a) he has made an application for settlement under section 245C and the proceedings for settlement have abated; and (b) penalty proceeding have been initiated under this Act. The application shall not be made after the imposition of penalty after abatement.
1. With effect from assessment year 2015-16 "annual information return" has been changed to "statement of financial transaction or reportable account" and word "return" has been changed to "statement".
2. With effect from assessment year 2015-16 a new section 271FAA has been inserted to provide for a penalty of Rs. 50,000 for furnishing inaccurate statement of financial transaction or reportable account in certain cases.
3. With effect from 1-10-2014 TPO can also levy penalty.
4. Section 271H as amended with effect from 1-10-2014 provides that penalty shall be levied by Assessing Officer.
[As amended by Finance Act, 2025]
Disclaimer:
The contents of this document are for information purposes only. This aims to enable public to have a quick and an easy access to information and do not purport to be legal documents.
Viewers are advised to verify the content from Government Acts/Rules/Notifications etc.
Periods of Limitation
[AY 2026-27]
Section | Nature of compliance | Limitation of time |
(1) | (2) | (3) |
2(48) | Filing application for getting zero coupon bonds notified. | 3 months before the date of issue of bonds (but not earlier than 24 months immediately before the first day of the financial year in which bonds are to be issued) |
2(48) | Submission of chartered accountant's certificate in respect of zero coupon bonds specifying the amount invested in each year. | Within 2 months from the end of each financial year. |
9(1) | Electronically submission of information in Form No. 49D pertaining to any transfer of the share of, or interest in, a foreign company/entity. | Within 90 days from the end of the financial year in which any such transfer takes place (within 90 days of the transaction where the transaction has the effect of directly or indirectly transferring the rights of management in relation to Indian concern) |
10(21) | Furnishing (by a research association) a statement to accumulate/set apart income for future application by uploading Form No. 10 | Before the expiry of time allowed for submission of return of income under section 139(1) |
9A(5) | Section 9A provides that fund management activity carried out by an eligible offshore investment fund through an eligible fund manager acting on behalf of such fund shall not constitute business connection in India (subject to certain conditions). | Within 90 days from the end of the financial year |
The provision requires that eligible investment fund shall furnish a statement, in respect of its activities in a financial year, in the prescribed form containing information relating to fulfilment of specified conditions and such other information or documents as may be prescribed. | ||
9A | Uploading Form no. 3CEK with digital signature pertaining to eligible investment trust | Within 90 days from the end of the previous year |
9A | Submitting report from a Chartered Accountant in Form no. 3CEJ relating to ALP in respect to the remuneration paid by an eligible investment fund to the Fund Manager | On or before the due date of submission of return of income under section 139(1) |
10(23C) | Making an application for grant of approval by entities referred to in section 10(23C)(iv)/(v)/(vi)/(via): | |
If entity is approved on or before 31-03-2021 | On or before 30-06-2024 | |
If entity is approved and the period of such approval is due to expire | At least 6 months prior to expiry of said approval but before 01-10-2024 | |
Where such entity has been provisionally approved | At least 6 months prior to expiry of the period of the provisional approval; or within 6 months of the commencement of its activities, whichever is earlier but before 01-10-2024. | |
Any other case (applicable from 01-10-2023) where activities of such entity have not commenced | At least 1 month prior to commencement of the previous year relevant to the assessment year from which said approval is sought but before 01-10-2024 | |
Any other case (applicable from 01-10-2023) where activities of such entity have commenced and no income (or part) has been excluded on account of applicability of section 10(23C) or section 11 for any previous year ending on or before the date of such application | At any time after the commencement of activities but before 01-10-2024 | |
Passing of order by CIT or PCIT: | ||
If entity is approved on or before 31-03- 2021 | Within 3 months from end of the month in which application is received | |
If entity is approved and the period of such approval is due to expire | Within 6 months from the end of the month in which application is received | |
Where such entity has been provisionally approved | Within 6 months from the end of the month in which application is received | |
Any other case (applicable from 01-10-2023) where activities of such entity have not commenced | Within 1 month from the end of the month in which application is received | |
Any other case (applicable from 01-10-2023) where activities of such entity have commenced and no income (or part) has been excluded on account of applicability of section 10(23C) or section 11 for any previous year ending on or before the date of such application | Within 6 months from the end of the month in which application is received | |
10(23C) | Getting accounts audited and uploading audit report in Form no. 10BB | One month prior to the due date of furnishing return of income under section 139(1). Circular No. 6/2023, dated 24-5-2023, provides that it can be filed upto due date of ITR. |
Uploading Form 10 - Exercising option available under Explanation 3(a) to third proviso to Section 10(23C) | 2 months prior to the due date specified under section 139(1). | |
10A | Audit report certifying the deduction claimed under section 10A | Before the specified date referred to in section 44AB |
Furnishing declaration by assessee in respect of industrial undertaking in any free trade zone for not availing tax holiday under section 10A | Before due date for furnishing return of income under section 139(1) | |
10B(8) | Furnishing declaration by assessee in respect of 100 per cent export-oriented undertaking for not availing tax holiday under section 10B | Before due date for furnishing return of income under section 139(1) |
11(1), Explanation | Exercising option available under Explanation to section 11(1) by uploading Form No. 9A | 2 months prior to the due date specified under section 139(1). Circular No. 6/2023, dated 24-5-2023, provides that it can be filed upto due date of ITR. |
11(2) | Furnishing a statement to accumulate/set apart income for future application by uploading Form No. 10 | 2 months prior to the due date specified under section 139(1). Circular No. 6/2023, dated 24-5-2023, provides that it can be filed upto due date of ITR. |
12A | Making an application for registration to claim exemption under section 11/12: | |
Trust or institution is registered under section 12A/12AA on or before 31-03- 2021 | On or before 30-06-2024 | |
Trust or institution is registered under section 12AB and period of said registration is due to expire | At least 6 months prior to expiry of said period | |
Trust or institution has been provisionally registered under section 12AB |
Earlier of the following: • At least 6 months prior to expiry of the period of the provisional registration; or Within 6 months of commencement of its activities. |
|
Trust or institution has become inoperative due to first proviso to section 11(7) | At least 6 months prior to commencement of the assessment from which said registration is sought to be made operative | |
Trust or institution has adopted or undertaken modifications of the objects which do not conform to conditions of registration | Within a period of 30 days from date of said adoption or modification | |
In any other case (applicable from 01-10-2023) where activities of the trust/institution have not commenced | At least 1 month prior to commencement of the previous year relevant to assessment year from which the said registration is sought | |
In any other case (applicable from 01-10-2023) where activities of the trust/institution have commenced and no income (or part) has been excluded on account of applicability of Section 10(23C) or Section 11/12 for any previous year ending on or before the date of such application | At any time after the commencement of its activities | |
12A | Getting accounts audited and uploading audit report in Form no. 10B/10BB | One month prior to the due date of furnishing return of income under section 139(1). |
12AB | Passing of order by CIT or PCIT | |
Trust or institution is registered under section 12A/12AA on or before 31-03-2021 | Within 3 months calculated from end of month in which application is received | |
Trust or institution is registered under section 12AB and period of said registration is due to expire | Within 6 months calculated from the end of quarter in which application is received | |
Trust or institution has been provisionally registered under section 12AB | Within 6 months calculated from the end of quarter in which application is received | |
Trust or institution has become inoperative due to first proviso to section 11(7) | Within 6 months calculated from the end of quarter in which application is received | |
Trust or institution has adopted or undertaken modifications of the objects which do not conform to conditions of Registration | Within 6 months calculated from the end of quarter in which application is received | |
In any other case (applicable from 01-10-2023) where activities of the trust/institution have not commenced | Within 1 month calculated from end of month in which application is received | |
In any other case (applicable from 01-10-2023) where activities of the trust/institution have commenced and no income (or part) has been excluded on account of applicability of Section 10(23C) or Section 11/12 for any previous year ending on or before the date of such application | Within 6 months calculated from the end of quarter in which application is received | |
Section 33AB | Getting accounts audited and furnishing of audit report | One month prior to the due date of furnishing return of income under section 139(1). |
Section 33ABA | Getting accounts audited and furnishing of audit report | One month prior to the due date of furnishing return of income under section 139(1). |
35 | Order accepting/rejecting application made under first proviso to section 35(1) for grant of approval under section 35(1)(ii)/(iii) | Within 12 months from end of month in which such application was received |
35(2AA) | Filing annual audited accounts for each approved programme by the National Laboratory, etc. | October 31 each year |
Submitting copy of audited statement of accounts for approved programmes | Within 6 months of completion | |
Passing order by the prescribed authority in Form 3CH | Within 2 months from receipt of application | |
35(2AB) | Electronically furnishing report by prescribed authority in relation to in-house research facility in Part A of Form No. 3CL | Within 120 days of grant of approval |
Submitting copy of audited accounts in Form No. 3CLA to the Secretary, Department of Scientific and Industrial Research | On or before due date of submission of return of income | |
Electronically furnishing report by prescribed authority quantifying the expenditure incurred on in-house research and eligible for weighted deduction in Part B of Form No. 3CL | Within 120 days of submission of audit report | |
35ABA(3) | Withdrawing deduction claimed and granted to the assessee under section 35ABA, if subsequently there is a failure to comply with the provisions specified in said section | Within 4 years from the end of the previous year in which the failure to comply with the conditions referred to in section 35ABA takes place |
35D | Getting accounts audited and uploading of audit report in Form no. 3AE | One month prior to the due date of furnishing return of income under section 139(1) |
35E | Getting accounts audited and uploading of audit report in Form no. 3AE | One month prior to the due date of furnishing return of income under section 139(1) |
43(5) | Submitting monthly statement in Form no. 3BB by Stock Exchange in respect of transactions in which client codes have been modified after registering in the system | Within 15 days from the last day of each month |
44AB | Getting accounts audited by accountant and furnishing report | One month prior to due date for furnishing the return of income under section 139(1) |
44DA | Section 44DA Audit report to certify the income computed by way of royalties provisions of section 44DA | One month prior to due date of furnishing the return of income under section 139(1) |
45(4) | Furnishing the details of amount attributed to capital asse remaining with the specified entity by uploading Form no. 5C | On or before the due date of submission of return of income |
50B | Audit report to certify the income computed by way of royalties provisions of section 44DA | One month prior to due date of furnishing the return of income under section 139(1) |
80G(5) | Making an application for approval under Section 80G(5) | |
Re-approval of entity approved on or before 31-03-2021 | On or before 30-06-2024 | |
Renewal of approval if the entity is approved under the new approval scheme and the period of such approval is due to expire | At least 6 months prior to expiry of such Approval | |
Conversion of provisional approval to regular approval |
Earlier of the following: At least 6 months prior to expiry of the period of the provisional approval; or Within 6 months of commencement of its activities. |
|
Provisional approval(applicable from 01-10-2023) where activities of such entity have not commenced | At least 1 month prior to commencement of the previous year relevant to the assessment year from which said approval is sought | |
Direct regular approval where activities of such entity have commenced | At any time after the commencement of its activities | |
Passing of order by CIT or PCIT: | ||
Re-approval of entity approved on or before 31-03-2021 | Within 3 months calculated from end of month in which application is received | |
Renewal of approval if the entity is approved under the new approval scheme and the period of such approval is due to expire |
Within 6 months calculated from the end of quarter in which application is received |
|
Conversion of provisional approval to regular approval | Within 6 months calculated from the end of quarter in which application is received | |
Provisional approval(applicable from 01-10-2023) where activities of such entity have not commenced | Within 1 month calculated from end of month in which application is received | |
Direct regular approval (applicable from 01-10-2023) where activities of such entity have commenced | Within 6 months calculated from the end of quarter in which application is received | |
Section 80G(5) | Furnishing statement of donations in Form no. 10BD or certificate of donation in Form no. 10BE | On or before May 31 immediately following the financial year in which donation is received by the entity. |
Section 80JJAA | Furnishing of report in Form no. 10DA to claim deduction | One month prior to due date of furnishing the return of income under section 139(1) |
80QQB | Receiving or bringing into India in convertible foreign exchange, income by way of royalty or copyright fees, earned outside India | Within 6 months from end of previous year or such extended period as the Competent Authority may allow in this behalf |
80RRB | Receiving or bringing into India in convertible foreign exchange, income by way of royalty on patents, earned outside India | Within 6 months from end of previous year or such extended period as the Competent Authority may allow in this behalf |
Section 90/90A/91 | Furnishing Form no. 67 and certificate or statement referred to in Rule 128 with respect to Foreign Tax Credit |
Return filed under section 139(1) or section 139(4): • On or before the end of the relevant Assessment Year Return filed under section 139(1) or section 139(8A): • On or before the date of filing updated return of income |
92CA(3A) | Passing of order u/s 92CA(3) by Transfer Pricing Officer | At least sixty days before the period of limitation referred to in section 153 or section 153B, as the case may be, for making the order of assessment or reassessment or recomputation, or fresh assessment, expires. |
Note: | ||
If time available with TPO for making an order is less than sixty days, after excluding the time - for which assessment proceedings are stayed or - taken for receipt of information from foreign jurisdiction, then such remaining period shall be extended to 60 days. [Inserted by the Finance Act, 2016 w.e.f 1-6-2016] |
||
92CD(1) | Submission of modified return in accordance with and limited to advance pricing agreement | Within 3 months from the end of the month in which advance price agreement was entered |
92CD(5)(a) | Passing order under section 92CD(3) in respect of modified return (applicable from July 1,2012) | Within 1 year from the end of the financial year in which modified return is furnished |
92D | Furnishing information/documents required by revenue authorities | Within a period of 10 days from the date of receipt of a notice issued in this regard, and such period may be extended by a further period not exceeding 30 days |
92E | Furnishing report of accountant | 31st October of relevant assessment year |
115BA | Option to opt for concessional tax rate of 25% by certain domestic companies | On or before due date of furnishing first return of income under section 139(1) |
115BAA | Option to opt for concessional tax rate of 22% by certain domestic companies | On or before due date of furnishing return of income under section 139(1) |
115BAB | Option to opt for concessional tax rate of 15% by new manufacturing domestic companies | On or before due date of furnishing first return of income under section 139(1) |
115BAC(6) | Option to opt for old tax regime by an individual, HUF, AOP, BOI, Artificial Judicial Person | On or before due date of furnishing return of income under section 139(1) |
115BAD | Option to opt for concessional tax rate of 22% by resident co-operative societies | On or before due date of furnishing return of income under section 139(1) |
115BAE | Option to opt for concessional tax rate of 15% by new manufacturing resident co-operative society | On or before due date of furnishing first return of income under section 139(1) |
115BBF(3) | Exercising option for taxation of royalty income in respect of patent developed and registered in India for any previous year in accordance with the provisions of section 115BBF(1) | On or before the due date of submission of return of income under section 139(1) |
115JB(4) | Obtaining a certificate from a chartered accountant in Form No. 29B pertaining to computation of book profit in the case of a company | Before the specified date referred to in Section 44AB |
115JC(3) | Obtaining a certificate from a chartered accountant in a prescribed form pertaining to computation of alternate minimum tax and adjusted total income in the case of a limited liability partnership | Before the specified date referred to in Section 44AB |
115JG(3)(iii) | Recomputing income to withdraw the benefit, exemption or relief claimed under section 115JG(1) in case of failure to comply with the conditions of RBI scheme or notification of the Government (applicable from the assessment year 2013-14) | Within 4 years from the end of the previous year in which failure to comply with condition takes place |
115R(3) | Deposit of tax on distributed income of UTI/Mutual Fund | Within 14 days from the date of distribution or payment of income, whichever is earlier |
115TA(2) | Deposit of tax to credit of Government in case of income distributed by securitization trust | Within 14 days from date of distribution or payment of such income, whichever is earlier |
115TCA(4) | Furnishing statement to PCIT/CIT of income paid or credited by a securitisation trust in Form No. 64E | November 30 immediately after the end of the financial year |
115TCA(4) | Furnishing statement to investors of income distributed by a securitisation trust in Form No. 64F | June 30 immediately after the end of the financial year |
115TD(1) | Transfer of all assets in case of dissolution of a charitable trust to another charitable trust to avoid tax on accreted income | Within 12 months from the end of the month in which dissolution takes place (applicable from June 1, 2016) |
115TD(5) | Payment of tax on accreted income | Within 14 days from the date of merger or the date on which the order cancelling the registration is received or the date on which the order rejecting application for fresh registration is received, etc. (applicable from June 1, 2016) |
115U(2) | Person responsible for making payment of income on behalf of venture capital company/fund and venture capital company/fund to furnish to person receiving such income and to prescribed income-tax authority, statement in prescribed form and verified in prescribed manner, giving details of nature of income paid or credited during the previous year and such other relevant details as may be prescribed | 30th November of financial year following previous year during which such income is paid or credited |
115UA | Any person responsible for making payment of income distributed on behalf of a business trust to a unit holder shall furnish a statement to the principal Commissioner of Income-tax or Commissioner of Income-tax in Form No. 64A , giving details of income distributed during the year. | On or before 30th November of financial year following the year following which such income is distributed |
Any person responsible for making payment of income distributed on behalf of a business trust to a unit holder shall furnish a statement to this effect to the unit holder in Form No. 64B. | On or before 30th June of financial year following the year during which such income is distributed | |
115UB(7) | Furnishing of statement in Form no. 64C of income distributed by an investment fund to its unit holders | 30th day of June of the financial year following the previous year during which the income is paid or credited |
Furnishing of statement of income by an investment fund in Form no. 64D to the Principal Commissioner or the Commissioner of Income-tax | 15th day of June of the financial year following the previous year during which the income is paid or credited | |
115VP | Opting for Tonnage Tax System (TTS) | |
- Existing qualifying company |
Between 1-10-2004 and 31-12-2004 | |
- Company incorporated after 1-1-2005 and being a qualifying company |
Within 3 months of incorporation | |
- Existing company which becomes a qualifying company after 1-1-2005 |
Within 3 months of it becoming a qualifying company | |
- a unit of an IFSC, who has availed of deduction under Section 80LA |
Within three months from the date deduction under Section 80LA ceases | |
115VP(4) | Joint Commissioner passing order under sub-section (4) of section 115VP | Within three month from end of quarter in which application under section 115VP(1) was received |
115VR | Renewal of tonnage tax scheme | Within one year from the end of the previous year in which the option ceases to have effect |
115VY | Opting for tonnage tax scheme by amalgamated company | Within 3 months from the date of the approval of amalgamation |
115VW | Furnishing of report in Form no. 66 pertaining to tonnage tax | One month prior to due date of furnishing the return of income under section 139(1) |
115WD(1)2 | Filing return of fringe benefits | |
- by company/person whose accounts are to be audited |
On or before 30th September of relevant assessment year | |
- by other employers |
On or before 31st July of relevant assessment year | |
115WE(1)2 | Sending intimation u/s 115WE(1) | Before expiry of 1 year from end of financial year in which return is made |
115WE(2)2 | Notice for scrutiny assessment | Before the expiry of 6 months from the end of financial year in which return is furnished |
124(3) | Challenging Assessing Officer's jurisdiction | Where a return is made under section 139(1), before expiry of 1 month from the date on which a notice under section 142(1) or 143(2) is served or before the completion of assessment, whichever is earlier |
Where no return is made before the expiry of time allowed by notice under section 142(1) or under section 148 for making the return or under section 144 for showing cause why best judgment assessment should not be made, whichever is earlier | ||
131(3) | Retention of impounded books or documents by Assessing Officer/Assistant Director without obtaining approval of Chief Commissioner/Director General/Commissioner/Director/Principal Chief Commissioner/Principal Director General/Principal Commissioner/Principal Director | Not more than 15 days (exclusive of holidays) |
132(8) | Retaining books of account or other documents seized under section 132(1) or 132(1A) by authorised officer without approval of Chief Commissioner/Commissioner/Director General or Director/Principal Chief Commissioner/Principal Director General/Principal Commissioner/Principal Director | 1 months from the end of the quarter in which the order of assessment or reassessment or recomputation is made under section 143(3) orsection 144 section 147orsection 153Aor section 158BC(c) |
132(8A) | Period for which order passed under section 132(3) to remain in force | 60 days from date of order |
132(9A) | Handing over of books, etc., to ITO having jurisdiction | 60 days from date on which last of authorisations for search was executed |
132(9B) | Provisional attachment of property for protecting interest of revenue | Within 60 days from the date on which the last of the authorisations for search was executed (applicable from April 1, 2017) |
132(9C) | Expiry of provisional attachment order made under section 132(9B) | After the expiry of 6 months from the date of such order (applicable from April 1, 2017) |
132(9D) | Making a reference to valuation officer to estimate fair market value of property | Within 60 days from the date on which the last of the authorisations for search was executed (applicable from April 1, 2017) |
132B(1), second proviso | Release of assets seized after recovery of existing liability | Within 120 days from date on which last of the authorisations/requisitions under section 132/132A was executed |
132B(1), first proviso | Making application to Assessing Officer for release of asset explaining nature and source of acquisition of asset | Within 30 days from end of the month in which asset was seized |
133A(3) | Retention by income-tax authority of impounded books of account, documents without approval of Chief Commissioner/Director General/Principal Chief Commissioner/Principal Director General | Not more than 15 days (exclusive of holidays) |
139(1) |
(a) Filing of return by any company other than covered in (c) below |
October 31st of the assessment year |
(b) Filing return of income by any non-corporate assessee other than covered in (c) below : |
||
(i) in the case where accounts are to be audited or where accounts of the firm in which assessee is a working partner are required to be audited or the spouse of such partner if the provisions of section 5A applies |
October 31st of relevant assessment year | |
(ii) in other cases |
July 31 of relevant assessment year | |
(c) Filing of return where an assessee (corporate/non-corporate including partners of the firm) is required to furnish a report in Form No. 3CEB under section 92E |
November 30 of the assessment year | |
139(3) | Filing of return of loss | Within the time allowed under section 139(1) |
139(4) | Filing belated return of income | Any time before 3 months prior to end of the relevant assessment year or before completion of assessment, whichever is earlier. |
139(4A) | Filing return by every person receiving income in respect of which he is assessable as a representative assessee from property held under trust/legal obligation wholly or partly for charitable or religious purposes, etc., if total income exceeds maximum amount not chargeable to tax | Within time allowed under section 139(1) |
139(4B) | Filing of return by every political party by its chief executive officer | Within time allowed under section 139(1) |
139(4C) |
Filing of return by every: (a) Research association as referred to in section 10(21); (b) News agency as referred to in section 10(22B); (c) Association or institution as referred to in section 10(23A); (d) Institutions as referred to in section 10(23B); (e) Fund/institution/trust/university/other educational institution/medical institution as referred to in sub-clause (iiiad), (iiiae), (iv), (v), (vi) or (via) of section 10(23C)3; (f) Trade union/association referred to in sub-clause (a) or (b) of section 10(24), (g) Body/trust/authority as referred to in section 10(46); (h) Infrastructure debt fund as referred to in section 10(47) (i) Mutual Fund as referred to in section 10(23D) (j) Securitisation trust as referred to in section 10(23DA) (k) Venture capital company or venture capital fund as referred to in section 10(23FB) if total income without giving effect to the provisions of section 10 exceeds the maximum amount not chargeable to tax. |
Within time allowed under section 139(1) |
139(4D) | Filing return by every university, college or other institution referred to in section 35(1)(ii) and 35(1)(iii) which is not required to furnish return of income or loss under any other provisions | Within time allowed under section 139(1) |
139(4E) | Every business trust, which is not required to furnish return of income or loss under any other provisions of section 139(1), shall furnish its return of income. | Within time allowed under section 139(1) |
139(4F)4 | An investment fund as referred to in section 115UB, which is not required to furnish return of income or loss under any other provisions of section 139(1), shall furnish its return of income. | Within time allowed under section 139(1) |
139(5) | Filing revised return | Any time before 3 months prior to the end of the relevant assessment year or before the completion of assessment, whichever is earlier |
139(8A) | Furnishing updated return | Within 48 months from the end of the relevant assessment year. |
139(9) | Rectifying defect in return of income | Within 15 days from date of intimation by Assessing Officer or extended time |
139A | Filing application for allotment of permanent account number | See rule 114(3) |
139A read with Rule 114AAB | Furnishing quarterly statement of information received by specified fund under rule 114AAB | Within 15 days from the end of each quarter |
139A read with Rule 114D | Uploading half yearly statement in Form No. 61 containing particulars of declarations received in Form No. 60 during half year ending on September 30 and March 31 | Within 1 month from the half year ending on September 30 and March 31 |
139A read with Rule 114AAB | Furnishing quarterly statement by specified fund/ stock broker pertaining to non-residents exempted by Rule 114AAB from operation of section 139A (i.e. having a PAN) in Form No. 49BA | Within 15 days from the end of each quarter |
140A(1) |
(i) Payment of income-tax on self-assessment |
Before furnishing return of income |
(ii) Payment of interest and fee on tax due for filing belated return or default or delay in payment of advance tax |
Before furnishing return of income | |
142A(6) | Sending report by the Valuation Officer to the Assessing Officer | Within 6 months from the end of the month in which a reference is made by the Assessing Officer under section 142A(1) |
143(1) | Sending intimation under section 143(1) | Before expiry of 9 months from end of financial year in which return is made [Ma4] |
143(1)(a), second proviso | Sending objection in response to intimation for adjustments under section 143(1)(a) | Within 30 days of issue of such intimation (Applicable w.e.f. Assessment year 2017-18) |
143(2)(ii) | Serving notice in case of understatement of income or under payment of tax for hearing for regular assessment/limited scrutiny assessment | Before expiry of 3 months from end of financial year in which return is furnished |
144BA(2) | Furnishing objection by assessee to notice of invoking GAAR provisions by Principal Commissioner/Commissioner (applicable from 1-4-2018) | Within such period (but not exceeding 60 days) as specified in the notice |
144BA(13) | Issuing direction by Approving Penal under section 144BA(6) in respect of the declaration of an agreement as an impermissible avoidance arrangement under Chapter X-A (applicable from 1-4-2018) | Within 6 months from the end of the month in which the reference under section 144BA(4) was received from the Principal Commissioner/Commissioner |
144C(2) | Filing of response by eligible assessee by (a) acceptance of variations to Assessing Officer, or (b) filing his objections, if any, to such variation with the Dispute Resolution Panel and the Assessing Officer | Within 30 days of receipt by assessee of draft order |
144C(4) | Passing of assessment order under section 144C(3) | Within one month from end of month in which acceptance is received or period of filing objections under section 144C(2) expires |
144C(12) | Issue of directions under section 144C(5) | Within 9 months from end of month in which draft order is forwarded to eligible assessee |
144C(13) | Completion of assessment on receipt of directions issued under section 144C(5) | Within one month from end of month in which such direction is received |
148 | Requiring an assessee to furnish a return of income where income has escaped assessment | Within 3 months from the end of the month in which notice is issued under section 147 Note: this period may be extended by AO |
148A | Furnishing of reply in response to show cause notice issued | Not less than 7 days but not exceeding 30 days from date of issue of notice |
Passing order by AO whether or not it is a fir case to issue notice under 148 | Within 1 month from end of the month in which the reply referred to in section 148A(c) is received by AO. If no reply is furnished, such order can be passed within 2 months from end of month in which time or extended time allowed to furnish a reply as per section 148A(b) expires. |
|
149(1) (applicable from 01-04-2024 till 31-08-2024 |
Issuing notice under section 148 : | |
If the escaped assessment amounts to or likely to amounts to — | ||
(i) less than Rs. 50,00,000 |
Within 3 years from end of relevant assessment year | |
(ii) Rs. 50,00,000 or more |
Within 10 years from end of relevant assessment year | |
149(1) (applicable from 01-09-2024) |
Issuing notice under section 148 : | |
If the escaped assessment amounts to or likely to amounts to — | ||
(i) less than Rs. 50,00,000 | Within 3 years and 3 months from end of relevant assessment year | |
(ii) Rs. 50,00,000 or more | Within 5 years and 3 months from end of relevant assessment year | |
149(2) (applicable from 01-09-2024) |
Issuing notice under section 148A : | |
If the escaped assessment amounts to or likely to amounts to — | ||
(i) less than Rs. 50,00,000 | Within 3 years from end of relevant assessment year | |
(ii) Rs. 50,00,000 or more | Within 5 years from end of relevant assessment year | |
150 | Issuing notice under section 148 for assessment/reassessment/recomputation pursuant to any finding or direction in an order passed : | No time limit |
(i) by any authority in any proceeding under Income-tax Act in appeal/reference/revision |
||
(ii) by a court in any proceeding under any other law |
||
153(1) | Passing assessment order under section 143 or 144 |
a) Within 21 months from end of the assessment year in which income was first assessable. [Applicable for assessment year 2017-18 or before] b) Within 18 months from end of the assessment year in which income was first assessable. [Applicable for assessment year 2018-19] c) Within 12 months from end of the assessment year in which income was first assessable. [Applicable for assessment year 2019-20] d) Within 18 months from end of the assessment year in which income was first assessable [Applicable for assessment year 2020-21] e) Within 9 months from end of the assessment year in which income was first assessable. [Applicable for assessment year 2021-22] f) Within 12 months from end of the assessment year in which income was first assessable. [Applicable for assessment year 2022-23 and onwards] Note: • If reference is made to TPO, the period available for assessment shall be ex-tended by 12 months. • Where an assessment or reassessment is pending on the date of initiation of search under section 132 or making of requisition under section 132A, the period available for completion of assessment or reassessmentshall be ex-tended by 12 months.( applicable from 01.04.2023) • If return has been furnished under section 139(8A), the order of assessment shall be passed within 12 months [Ma5] from the end of financial year in which such return was furnished. |
153(1B) | Passing order under section 143/144 if return of income is furnished in consequence of an order under section 119(2)(b) | Within 12 months from the end of the Financial Year in which return is furnished. |
153(2) | Making assessment/reassessment, etc., under section 147 |
a) Within 9 months from end of the financial year in which notice under section 148 was served. [if notice is served before 01-04-2019] b) Within 12 months from end of the financial year in which notice under section 148 was served. [if notice is served on or after 01-04-2019] Note: If reference is made to TPO, the period available for reassessment shall be extended by 12 months. • Where an assessment or reassessment is pending on the date of initiation of search under section 132 or making of requisition under section 132A, the period available for completion of assessment or reassessmentshall be ex-tended by 12 months.( applicable from 01.04.2023) |
153(3) | An order of fresh assessment (or fresh order under section 92CA) in pursuance of order under section 254, 263 or 264 setting aside or cancelling assessment (or an order under section 92CA) |
a) Within 9 months from end of the financial year in which order under section 254 is received by - Principal Chief Commissioner or - Chief Commissioner or - Principal Commissioner or - Commissioner or, - as the case may be an order under section 263/ 264 is passed by Principal Commissioner or Commissioner b) Within 12 months from the end of the financial year in which order under section 254 is received or order under section 263 or 264 is passed by the authority. [if order is passed on or after financial year 2019-20] Note: If reference is made to TPO, the period available for assessment shall be extended by 12 months. • Where an assessment or reassessment is pending on the date of initiation of search under section 132 or making of requisition under section 132A, the period available for completion of assessment or reassessmentshall be ex-tended by 12 months.( applicable from 01.04.2023) |
153(5) | Giving effect to an order [under Section 250/254/260/262/263/264] by AO or TPO wholly or partly, otherwise than by making a fresh assessment or reassessment (or order under section 92CA) |
Within a period of 3 months from the end of the month in which order is received by - Principal Chief Commissioner or - Chief Commissioner or - Principal Commissioner or - Commissioner, - As the case may be the order under section 263/ 264 is passed by the Principal Commissioner or Commissioner Note: 1) If it is not possible to give effect to such order within the aforesaid period, the Principal Commissioner or Commissioner may allow an additional period of 6 months to AO. 2) If verification on any issue was required by way of submission of any document or where an opportunity of being heard is to be provided to assessee. Then order shall be made within the time specified in 153(3) [Inserted by Finance Act 2017, w.e.f. 1.6.2017] 2) If verification on any issue was required by way of submission of any document or where an opportunity of being heard is to be provided to assessee. Then order shall be made within the time specified in 153(3) [Inserted by Finance Act 2017, w.e.f. 1.6.2017] |
Section 153(5A) | Modification by the AO of an order of assessment/reassessment in conformity with TPO’s order giving effect to an order/direction under 263/92CA | Within 2 months from the end of the month in which such order of TPO is received by the AO |
153(6)(i) |
An order of assessment, reassessment or recomputation on assessee or any person in consequence of or to give effect to any finding or direction contained in - An order under Section 250/254/260/262/263/264 or - An order of any court in a proceedings otherwise than by way of appeal or reference |
Within 12 months from the end of the month in which such order is received or passed by the Principal Chief Commissioner or Chief Commissioner [Ma 6] Principal Commissioner or Commissioner, as the case may be |
153(6)(ii) |
An order of assessment on a partner of the firm in consequence of an assessment made on the firm under section 147. |
Within 12 months from the end of the month in which the assessment order in case of firm is passed. |
Third proviso to 153(9), | Passing of assessment orderin case of abatement of proceedings before Settlement Commission under section 245HA | Minimum 1 year (after excluding time under section 245HA(4)); deemed extensionupto 1 years if limitation period is less than 1 year. |
Fourth proviso to Section 153(9) | Passing of assessment or reassessment order where assessee exercise option to withdraw pending application before Settlement Commission under section 245M | One year after the exclusion of the period under section 245M(5) and where such period of limitation is less than one year, it shall be deemed to have been extended to one year |
153B | Passing assessment order under section 153A(not applicable if search is initiated under section 132 or requisition is made under section 132A on or after 1st April, 2021) |
a) Within a period of 21 months from end of the financial year in which the last of the authorizations for search/requisition under section 132/132A was executed. This period cannot be less than 9 months from the end of the financial year in which books of account, etc., are handed over under section 153C to the concerned Assessing Officer. (if search conducted in the financial year 2017-18 or before) b) Within a period of 18 months from end of the financial year in which the last of the authorizations for search/requisition under section 132/132A was executed. This period cannot be less than 12 months from the end of the financial year in which books of account, etc., are handed over under section 153C to the concerned Assessing Officer. (if search conducted in the financial year 2018-19) c) Within a period of 12 months from end of the financial year in which the last of the authorizations for search/requisition under section 132/132A was executed. This period cannot be less than 12 months from the end of the financial year in which books of account, etc., are handed over under section 153C to the concerned Assessing Officer. (if search conducted in the financial year 2019-20 and 2020-21) Note: For the assessment year 2021-22, assessment can be made on or before September 30, 2022.[Ma7] |
Passing of assessment order where a proceeding before the Settlement Commission abates under section 245HA | One year after the exclusion of the period under section 245HA(4) and where such period of limitation is less than one year, it shall be deemed to have been extended to one year | |
Passing of assessment, reassessment or recomputation order where assessee exercise option to withdraw pending application before Settlement Commission under section 245M | One year after the exclusion of the period under section 245M(5) and where such period of limitation is less than one year, it shall be deemed to have been extended to one year | |
154 | Rectifying any mistake apparent from record by income-tax authority referred to in section 116 to— | Within 4 years from end of financial year in which order sought to be amended is passed, or within 6 months from the end of the month in which the application is received by the income-tax authority, whichever is earlier |
(i) amend any order passed by it |
||
(ii) amend any intimation or deemed intimation under section 143(1) |
||
(iii) amend any intimation under section 200A(1) (iv) amend any intimation under section 206CB(1), i.e., intimation regarding processing of TCS statement. |
||
155(1)/(2) | Amending assessment order of partner of firm or member of AOP/BOI for inclusion of correct share from firm/AOP/BOI | Within 4 years from end of financial year in which final order is passed in case of firm/AOP/BOI |
155(1A) | Amending assessment order of partner for adjusting income from firm to the extent not deductible under section 40(b) | Within 4 years from end of financial year in which final order was passed in case of the firm |
155(4) | Recomputing total income for succeeding year(s) in respect of loss or depreciation recomputed under section 147 | Within 4 years from end of financial year in which order under section 147 is passed |
155(4A) | Withdrawing investment allowance allowed under section 32A if— | |
(a) asset is sold/transferred within 8 years from end of previous year in which it was acquired |
Within 4 years from end of previous year in which sale/transfer took place | |
(b) investment allowance reserve is not utilised for acquiring new asset within 10 years of end of previous year in which asset was acquired |
Within 4 years from end of said 10 years | |
(c) reserve is misutilised before expiry of 10 years of end of previous year in which asset was acquired |
Within 4 years from end of previous year in which amount is so misutilised | |
155(5) | Withdrawing development rebate under section 33 if asset is sold within 8 years or reserve is misutilized | Within 4 years from end of previous year in which sale took place or reserve is so misutilized |
155(5A) | Withdrawing development allowance under section 33A if within 8 years land is sold or reserve is misutilised | Within 4 years from end of previous year in which sale took place or reserve is so misutilised |
155(5B) | Recomputing total income where weighted deduction in respect of expenditure on scientific research under section 35(2B) is deemed to have been wrongly allowed | Within 4 years from end of previous year in which period allowed for completion of scientific research programme has expired |
155(7) | Recomputing distributable income and additional tax liability under section 104 | Within 4 years from end of financial year in which final order was passed |
155(7B) | Recomputing deemed capital gains under section 47A | Within 4 years from end of previous year in which capital asset is converted into stock-in-trade or in which parent company/holding company ceases to have 100 per cent shareholding in subsidiary company |
155(10A) | Amending order of assessment so as to exclude unadjusted amount of capital gain on long-term capital asset not chargeable under section 54E(1) | Within 4 years from end of financial year in which original assessment is made |
155(11) | Amending order of assessment to exclude capital gain not chargeable under section 54H | Within 4 years from end of previous year in which compensation was received |
155(11A) | Amending order of assessment so as to allow deduction under section 10A, 10AA [Ma8] 10B or 10BA in respect of income received in or brought into India | Within 4 years from end of previous year in which such income is received in, or brought into, India |
155(13) | Amending order of assessment so as to allow deduction u/s 80HHB, 80HHC, 80HHD, 80HHE, 80-O, 80R, 80RR or 80RRA in respect of convertible foreign exchange earnings not brought into India initially but received or brought into India subsequently | Within 4 years from the end of the previous year in which such income is so received in, or brought into India |
155(14) | Amending order of assessment/intimation under section 143(1) to give credit for tax deducted/collected not given earlier on ground that tax deduction/collection certificate was not filed with return | Relevant tax deduction/collection certificate should be produced before Assessing Officer within 2 years from the end of assessment year in which income is assessable. |
155(14A) | Amending assessment order or intimation or deemed intimation so as to give foreign tax credit under section 90/90A/91 (earlier it was not given because the quantum of foreign tax was disputed) | Within 6 months from the end of the month in which dispute is settled (applicable from the April 1, 2018) |
155(15) | Amending order of assessment so as to compute capital gain by taking the full value of consideration to be the value adopted/assessed by stamp duty authorities (section 50C) as revised in appeal/revision/reference | Within 4 years from the end of the previous year in which the order revising the value was passed in that appeal/revision/reference |
155(16) | Amending order of assessment so as to compute capital gain on compulsory acquisition, etc., by taking the full value of consideration to be the compensation/consideration as reduced by any court, tribunal or other authority | Within 4 years from the end of the previous year in which order reducing compensation was passed |
155(17) | Amending order of assessment so as to withdraw deduction under section 80RRB allowed earlier where by a subsequent order of the Controller/High Court the patent is revoked or the name of the assessee is excluded from the patents register as patentee in respect of that patent | Within 4 years from the end of the previous year in which order of Controller/High Court was passed |
155(19) | Re-computing the total income of a co-operative society (engaged in the business of manufacture of sugar) for the previous year 2014-15 (or any earlier year) to allow deduction of expenditure (which was initially disallowed) incurred at a price which is equal to or less than the price fixed/approved by the Govt. for that year | On or before March 31, 2027 |
155(20) | Submitting application by an assessee who has reported income on accrual basis but tax is deducted and paid by the deductor in later financial year | Within 2 years from the end of the financial year in which such tax was deducted (applicable from 01.10.2023) |
Amending order of assessment/intimation in the aforesaid case to allow credit of tax deducted at source in the relevant assessment year | Within 4 years from the end of the financial year in which tax has been deducted (applicable from 01.10.2023) | |
155(21) | Recomputation of total income for carrying out multi-year arm’s length price determination for the two consecutive previous years immediately following the previous year for which arm’s length price is determined. |
Within 3 months from the end of the month in which the assessment is completed in the case of the assessee for such previous year. If assessment / intimation of such two consecutive previous years is not made, then recomputation shall be made within 3 months from the end of the month in which assessment / intimation of such two consecutive previous years is made Applicable from 01.04.26 |
156 | Payment of tax on perquisite of the nature specified in section 17(2)(v) [i.e., ESOP allotted/transferred by an employer, being eligible start-up (sec. 80-IAC)] | Within 14 days – a. after the expiry of 48 months from the end of the relevant assessment year, or b. from the date of the sale of such specified security or sweat equity share by the employee; or c. from the date of the employee ceasing to be the employee of the employer who allotted or transferred him such specified security or sweat equity share, whichever is the earliest (applicable from the assessment year 2021-22) |
158AA(1) (w.e.f. 01.06.2015) |
Direction by Principal Commissioner or Commissioner to assessing officer to make an application to the ITAT if any question of law arising in the case of an assessee for any assessment year is identical with a question of law arising in his case for another assessment year which is pending before the Supreme Court. |
Within 60 days from the date of receipt of order of the Commissioner (Appeals). |
158AA(4) (w.e.f. 01.06.2015) |
Direction by Principal Commissioner or Commissioner to Assessing officer to file an appeal to ITAT if order of CIT(A) is not in conformity with order of the Supreme Court which decided on the question of law in the other case in favour of revenue |
Within 60 days from the date of communication of order of the Supreme Court |
Section 158AB(2) |
Making an application to the Appellate Tribunal/jurisdiction High Court |
Within 120 days from the date of receipt of order of the commissioner (appeals)/ Appellate Tribunal |
Section 158AB(5) (w.e.f. 01.06.2015) |
Filing appeal to the Tribunal/jurisdictional High Court |
Within 60 days to the Tribunal (or 120 days to the High Court ) from the date on which the order of the High Court/ Supreme Court (in the other case) is communicated to the Principal Commissioner/Commissioner. |
158BE(1)4 | Passing order under section 158BC | Within 12 months from the end of the quarter in which the last of the authorisation for search was executed. Note: The limitation period shall be 24 months if reference is made to Transfer Pricing Officer. |
158BE(3) | Passing order of block assessment in the cases of other person | Within 12 months from the end of the quarter in which the notice under section 158BC in pursuance of section 158BD was issued to such other person. Note: The limitation period shall be 24 months if reference is made to Transfer Pricing Officer. |
158BFA(3)(C)4 | Passing order imposing penalty under section 158BFA(2) | Before the expiry of the Financial Year in which the proceedings, in the course of which action for the imposition of penalty has been initiated are completed or before the end of 6 months from the end of the Financial Year in which the order of the CIT(A)/ITAT is received by the PCIT/CIT, whichever expires later. |
Section 158BFA(3)(d) | Passing order imposing penalty where the assessee is subject matter of section 263 revision | Within 6 months from the end of the Financial Year in which revision order is passed |
158BFA(3)(e) | Passing order imposing penalty in any other case | Before the expiry of the Financial Year in which the proceedings in the course of which the notice for the imposition of penalty has been issued are completed or 6 months from the end of the Financial Year in which the notice for imposition of penalty is issued whichever expires later |
160(1), Explanation 1 | Filing declaration by trustee(s) for converting 'oral trust' into 'trust declared by a duly executed instrument in writing' | Within 3 months from date of declaration of 'oral trust' |
Section 170A | Furnishing modified return in the case of business reorganization where prior to the order of High court/ Tribunal /Adjudicating authority, a return of income was furnished by successor under section 139 | Within 6 months from the end of the month in which said order of High court/Tribunal/Adjudicating authority is issued |
172(3) | Return of full amount paid or payable to non-resident owner or charterer of ship towards passenger fares, freight, etc., to be furnished by master of ship to Assessing Officer | Before departure of ship from any port in India, or within 30 days thereafter if permitted by Assessing Officer |
172(4A) | Passing order, assessing income and determining tax payable thereon under section 172(4). | Within 9 months from end of financial year in which return under section 172(3) is furnished (by 31-12-2008 where return is furnished before 1-4-2007) |
172(7) | Submission of claim by owner or charterer of ship that assessment be made and tax payable by him be determined in accordance with other provisions of the Act | Before expiry of assessment year relevant to previous year in which ship has departed from Indian port |
176(3) | Giving notice of discontinuance of business/profession to Assessing Officer | Within 15 days of discontinuance |
178(1) | Giving notice of appointment as liquidator to Assessing Officer | Within 30 days of appointment |
178(2) | Notifying liquidator as to amount of tax payable by company | Within 3 months from date on which Assessing Officer receives notice of appointment of liquidator |
184 | Filing certified copy of partnership deed | Along with return of income of the firm |
191(2) | Payment of income-tax directly by assessee under section 191(1) on perquisite of the nature specified in section 17(2)(vi) [i.e., ESOP allotted/transferred by an employer, being eligible start-up (sec. 80-IAC)] | Within 14 days – a. after the expiry of 48 months from the end of the relevant assessment year, or b. from the date of the sale of such specified security or sweat equity share by the employee; or c. from the date of the employee ceasing to be the employee of the employer who allotted or transferred him such specified security or sweat equity share, whichever is the earliest (applicable from the assessment year 2021-22) |
192(1C) | Deducting/paying tax under section 192(1)/(1A) by an employer, being eligible start-up [sec. 80-IAC], on perquisite of the nature specified in section 17(2)(vi) (i.e., ESOP allotted/transferred by the employer) | Within 14 days – a. after the expiry of 48 months from the end of the relevant assessment year, or b. from the date of the sale of such specified security or sweat equity share by the employee; or c. from the date of the employee ceasing to be the employee of the employer who allotted or transferred him such specified security or sweat equity share, whichever is the earliest (applicable from the assessment year 2021-22) |
192 | Filing return of deduction of tax from contributions paid by the trustees of an approved superannuation fund | Within 2 months from end of financial year |
197A(2) | Uploading of declaration received by Deductor in Form No. 15G/15H from deductee on the e-filing site (www.incometaxindiaefiling.gov.in) | 15 days from the end of first, second and third quarter 30 days from the end of fourth quarter. |
200(1) | Paying tax deducted at source under sections 192 to 196D | Within time limit as prescribed under rule 30 |
200(2A) | In case of an office of the Government, where TDS has been paid to the credit of the Central Government without the production of a challan, the Pay and Accounts Officer, etc., shall deliver or cause to be delivered to the prescribed income-tax authority, or to the person authorised by such authority, a statement in such form, verified in such manner, setting forth such particulars as may be prescribed. | Within such time as may be prescribed. |
200(3) | Preparation and filing of prescribed statements of tax deducted for periods ending on June 30, September 30, December 31 and March 31 | On or before 31st July, 31st October, 31st January of the financial year in respect of quarter ending 30th June, 30th September and 31st December respectively and in respect of quarter ending 31st March, on or before 31st May of the financial year immediately following the financial year in which deduction is made |
200(3) | Furnishing of challan-cum-statement in respect to deduction of tax at source under sections 194-IA, 194-IB, 194M or 194S | Within thirty days from end of month in which deduction is made |
200(3), second proviso | Filing of correction statement of TDS | Within 6 years from the end of the Financial Year in which TDS statement is required to be furnished (applicable with effect from 01-04-2025) |
200A | Intimation under section 200A(1) | Within one year from end of financial year in which statement is filed |
201(3) | Order deeming a person to be an assessee in default for failure to deduct whole or any part of tax from a person resident in India Note: w.e.f. 01-04-2025, this provision shall be applicable to non-resident also. |
Within 7 years (within 6 years from 01-04-2025) from the end of the financial year in which payment is made or credit is given or 2 years from the end of the financial year in which the correction statement is delivered, whichever is later. |
203 | Issuance of certificate of tax deducted at source | Form No. 16 : By 15th June of the financial year immediately following the financial year in which income was paid and tax deducted. |
Form No. 16A: On or before 15th August, 15th November, 15th February of the financial year in respect of quarters ending 30th June, 30th September & 31st December respectively of the financial year. For quarter ending 31st March, on or before 15th June of the financial year immediately following the financial year in which deduction is made | ||
Form No. 16B (Section 194-IA) : Within 15 days from the due date for furnishing challan cum statement in Form No. 26QB (i.e. within 30 days from the end of month in which deduction is made) | ||
Form No. 16C (Section 194-IB): Within 15 days from the due date for furnishing challan cum statement in Form No. 26QC (i.e. within 30 days from the end of month in which deduction is made) | ||
Form No. 16D (Section 194M): Within 15 days from the due date for furnishing challan cum statement in Form No. 26QD (i.e. within 30 days from the end of month in which deduction is made) | ||
203A | Payer to apply to Assessing Officer for allotment of Tax Deduction and Collection Account Number | Within one month from the end of the month in which tax was deducted or collected, as the case may be |
206(4) | Rectifying defect in return filed under section 206(2) | Within 15 days from the date of intimation of the defect by Assessing Officer or extended time |
206A(1) | Furnishing of prescribed statement in respect of payment of interest to residents without TDS by banking company, co-operative society or public company referred to in proviso to section 194A(3)(i) | On or before 31st July, 31st October, 31st January and 30th June following res-pective quarter of financial year |
206C(3) | Payment of tax collected from the respective buyers of specified goods under section 206C(1) to the credit of Central Government or as the Board directs | Within time limit as prescribed in rule |
206C(3) (proviso) | Preparation and filing of prescribed statements of tax collected for periods ending on June 30, September 30, December 31 and March 31 | On or before 15th July, 15th October, 15th January in respect of first three quarters of the financial year. In respect of quarter ending 31st March, on or before 15th May of the financial year immediately following the financial year in which collection is made (Form No. 27EQ) |
206C(3A) | In case of an office of the Government, where TCS has been paid to the credit of the Central Government without the production of a challan, the Pay and Accounts Officer, etc., shall deliver or cause to be delivered to the prescribed income-tax authority, or to the person authorised by such authority, a statement in such form, verified in such manner, setting forth such particulars as may be prescribed. | Within such time as may be prescribed. |
206C(3B), second proviso | Submission of correction statement of TCS | Within 6 years from the end of the financial year in which TCS statement is required to be furnished. Note: Applicable with effect from 01-04-2025. |
206C(5) | Person collecting tax under section 206C(1) from respective buyers to give them a certificate in Form No. 27D about the amount and rate of tax collected, etc. | On or before 30th July, 30th October, 30th January of the financial year in respect of the quarter ending 30th June, 30th September and 31st December of the financial year. For quarter ending 31st March, on or before 30th May of the financial year immediately following the financial year in which collection is made |
206C(5D) | Rectifying defect in return filed | Within 15 days from the date of intimation of the defect by Assessing Officer or extended time |
206C(7A) | Passing an order to treat a person a assessee-in-default | Within 6 years from the end of FY in which tax was collectable; or2 years from the end of FY in which the TCS correction statement is filed, whichever is late. Note: Applicable with effect from 01-04-2025. |
206CB (effective from 1/6/2015) | Intimation under section 206CB(1), i.e., intimation regarding processing of TCS statement | Within 1 year from end of financial year in which statement is filed. |
211(1) | Payment of advance tax in specified installments: | |
(a) In case of all the assessees (other than the eligible assessees as referred to in section 44AD): |
||
(i) At least 15 per cent |
On or before 15th June | |
(ii) At least 45 per cent |
On or before 15th September | |
(iii) At least 75 per cent |
On or before 15th December | |
(iv) At least 100 per cent |
On or before 15th March | |
(b) In case of eligible assessee as referred to in section 44AD and section 44ADA: |
||
100 per cent |
On or before 15th March | |
Note: Any advance tax paid on or before 31st day of March shall also be treated as paid during the same financial year. |
||
[Inserted by the Finance Act, 2016 w.e.f. 1-6-2016] |
||
211(2) | Payment of the appropriate part or whole amount of advance tax as demanded under section 210(3) and (4) after the due dates of instalment | On or before each date specified in section 211(1) falling after date of service of demand notice |
220(1) | Payment of amount other than advance tax in response to notice under section 156 | Within 30 days of service of demand notice or within date extended on request or within shorter period, specified in revenue's interest |
220(2A) | Under accepting/rejecting the application of assessee for waiver of interest payable under 220(2) | Within 12 months from the end of the month in which the application is received [Applicable from 01-06-2016] |
239(A)(1) | Filing application by deductor before the AO for refund of tax deducted at source under section 195. | Within 30 days from the payment of TDS to the central government (w.e.f. 1st April 2022) |
Section 239A(4) | Passing order pertaining to the application by the AO | Within 6 months from the end of the month in which the application is received by the AO (w.e.f. 1st April 2022) |
245(2) | Withholding refund of earlier years if assessment or reassessment of subsequent year is pending with Dept. | Up to not more than 60 days from the date on which assessment or reassessment of subsequent year is made |
245C(1) | Application for settlement of case to Settlement Commission | At any stage during the pendency of a case before the Assessing Officer |
245C(1E) | Application for settlement before Settlement Commission under sub-section (1) where books of account, documents, etc., have been seized | Not before 120 days of seizure |
245D(1) | Rejecting/allowing the application for settlement | Within 7 days, notice shall be issued to the applicant to justify admission of his application; within 14 days from the receipt of application, the order pertaining to rejecting/allowing the application shall be made |
245D(2B) | Calling report by the Settlement Commission from Principal Commissioner/Commissioner | Within 30 days from the date of receipt of application |
245D(2B) | Submission of report by the Principal Commissioner/Commissioner to Settlement Commission | Within 30 days from the date of communication from the Settlement Commission |
245D(2C) | Declaring application as invalid by the Settlement Commission | Within 15 days from the date of receipt of report from the Principal Commissioner/Commissioner |
245D(3) | Furnishing a report by the Principal Commissioner/Commissioner to the Settlement Commission in the matters covered by the application | Within 90 days from the date of receipt of communication from the Settlement Commission |
245D(4A) | Passing order of settlement | Within 18 months from the end of the month in which the application was made, if application is made on or after 1-6-2010 |
245D(6B) |
Passing of order by the Settlement Commission to amend an order passed by it in order to rectify any mistake apparent from records. |
a) Within 6 months from end of the month in which order was passed; or b) Within 6 months from end of the month in which an application for rectification has been made by the Principal Commissioner or the Commissioner or the applicant, as the case may be. No application for rectification shall be made by the Principal Commissioner or the Commissioner or the applicant after the expiry of 6 months from the end of the month in which an order is passed by the Settlement Commission |
245D(7) | Completion of proceedings where settlement becomes void as provided in section 245D(6) | Within 2 years from the end of the financial year in which the settlement becomes void |
245E, proviso | Reopening of completed proceedings by Settlement Commission if an application is made before 1-6-2007 | Reopening of proceeding is not possible where period between end of assessment year to which proceeding relates and the date of application for settlement under section 245C exceeds 9 years |
245M | Withdrawal of pending application filed before Income tax Settlement Commission | Within 3 months from date of commencement of Finance Act, 2021 |
245MA readwith Rule 4 of E-DISPUTE RESOLUTION SCHEME, 2022 | Submitting a proof of withdrawal of appeal filed under section 246A or withdrawal of application before the Dispute Resolution panel (if any) to the Dispute Resolution Committee or convey that there is no aforesaid proceeding pending in his case | Within 30 days of receipt of communication that the application is admitted by Dispute Resolution Committee. |
Section 245MA(2A) | Passing order by the AO in conformity with the direction contained in the order of dispute resolution Committee | Within 1 month from the end of the month in which the order of Dispute Resolution Committee is received by the AO |
245Q(3) | Withdrawing application for advance ruling | Within 30 days from date of application |
245R(6) | Pronouncement of advance ruling by authority | Within 6 months of receipt of application |
245W(1) | Filing appeal by applicant or Commissioner to the High Court against the ruling or order of Board of Advance Ruling | Within 60 days from the date of the communication of ruling or order of Board of Advance Ruling ( it may be extended for a period upto 30 days by the High Court) |
249(2)/(3) | Filing appeal to Joint Commissioner (Appeals)/Commissioner (Appeals)— | |
(a) relating to tax deducted at source under section 195(1) |
Within 30 days from date of payment of tax or within extended time | |
(b) relating to any assessment/ penalty |
Within 30 days from date of service of demand notice or within extended time | |
(c) in any other case |
Within 30 days from date of communication of order or within extended time | |
250(6A) | Disposal of appeal by Commissioner (Appeals) | One year from end of financial year in which appeal is filed (where it is possible) |
253(3) | Filing appeal to Tribunal |
Upto 30-09-2024 Within 60 days from date on which order sought to be appealed against is communicated or within extended time With effect from 01-10-2024 Within 2 months from the end of the month in which order sought to be appealed against is communicated or within extended time |
253(4)/(5) | Filing memo of cross-objections to Tribunal | Within 30 days of receipt of notice of filing appeal or within extended time |
254(2) | Rectification of apparent mistake by Tribunal | Within 6 months from the end of the month in which the order was passed |
[Inserted by the Finance Act, 2016 w.e.f. 1-6-2016] | ||
254(2A) | Disposal of appeal by Appellate Tribunal filed under sub-section (1)/(2) of section 253 | 4 years from end of financial year in which appeal is filed (where it is possible). |
Where an order of stay is made in proceedings relating to appeal filed under section 253(1), Tribunal shall dispose of appeal within 180 days from date of such order or within extended time not exceeding 365 days including original period of 180 days, failing which stay order shall stand vacated; this will be so even if delay in disposing of the appeal is not attributable to assessee. | ||
256(1) | (i) Filing application to Tribunal requiring it to refer to High Court any question of law | Within 60 days of service of Tribunal's order under section 254 or within extended period not exceeding 30 days |
(ii) Drawing up statement of case and referring it to High Court by Tribunal | Within 120 days of receipt of application | |
256(2) | Filing application to High Court if Tribunal refuses to state case | Within 6 months from date of service of notice of refusal to state case |
256(3) | Application by assessee for claiming refund of fee after Tribunal's refusal to state case | Within 30 days from date of receipt of refusal notice |
260A | Filing appeal to High Court against order of Tribunal | Within 120 days of date of communication of order5 |
263(2) | Revising orders prejudicial to revenue by Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner | Within 2 years from end of financial year in which order sought to be revised was passed |
263(3) | Revision by Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner of orders passed pursuant to any finding or direction by Tribunal, National Tax Tribunal, High Court or Supreme Court | No time limit |
264(2) | Revision of orders by Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner on his own motion (not prejudicial to assessee) | Within 1 year of order sought to be revised |
264(3) | Filing revision petition to Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner (order not to be prejudicial to assessee) | Within 1 year from date of communication of order sought to be revised or date of his knowledge in respect thereof or within extended time |
264(6) | Passing order on revision application made by assessee on or after 1-10-1998 | Within 1 year from the end of the financial year in which application is made |
270AA(2) | Application to the Assessing Officer to grant immunity for imposition of penalty under section 270A and initiation of proceedings under section 270A section 276C/276CC | Within one month from the end of the month in which such order is received (applicable from April 1, 2017) |
270AA(4) | Passing an order by the Assessing Officer granting immunity from passing of penalty, etc., under 270AA(3) | Within three month ( prior to April 01, 2025, one month) from the end of the month in which application under section 270AA(1) is received (applicable from April 1, 2017) |
271GB(4)(b) | Failure to inform the prescribed authority and furnish correct report to avoid penalty under section 271GB(4) | Within 15 days of discovery of inaccuracy (applicable from the assessment year 2017-18) |
273A(4A) | Passing order under 273A(4) accepting/rejecting assessee's application (in full or part) to reduce or waive penalty | Within 12 months from the end of the month in which such application is received by Principal CIT/CIT (such order can be passed on or before May 31, 2017 in case of application pending as on June 1, 2016) |
273AA(3A) | Passing order by Principal CIT/CIT accepting/rejecting assessee's application (in full or part) to grant immunity from penalty | Within 12 months from the end of the month in which such application is received by Principal CIT/CIT (such order can be passed on or before May 31, 2017 in case of application pending as on June 1, 2016) |
275(1) | Imposing penalties under Chapter XXI : | |
(a) where the assessment or other order is not the subject matter of an appeal under Section 246, 246A, or 253. |
Within 6 months from the end of the quarter in whichproceedingis completed. | |
(b) if the assessment or other order is the subject matter of revision under Section 263 or 264. |
Within 6 months from the end of the quarter in which proceeding revision order is passed. | |
(c) where the assessment or other order is the subject matter of an appeal under Section 246 or 246A and no further appeal has been filed under Section 253. |
Within 6 months from the end of quarter in which Jurisdictional Principal Commissioner or Commissioner received appeal order under Section 246 or 246A. | |
(d) where the assessment or other order is the subject matter of an appeal under Section 253. |
Within 6 months from the end of quarter in which Jurisdictional Principal Commissioner or Commissioner received appeal order under Section 253. | |
(e) in any other case. | Within 6 months from the end of quarter in whichpenalty notice is issued. | |
275(3) | Imposing or enhancing or reducing or cancelling penalty or dropping the proceedings forpenalty imposition under section 275(2) | Within 6 months from the end of the quarter in which the order passed under Section 246/246A/ 253/ 260A/ 261 is received by the jurisdictional PCIT/CIT, or the order of revision under section 263/264 is passed (applicable from April 1,2025) |
281B(2) | Provisional attachment of assets of assessee | Attachment shall cease to have effect after expiry of six months (extendable upto 2 years or 60 days after date of order of assessment or reassessment, whichever is later) from date of order |
281B(4) |
Submitting report by Valuation Officer to determine fair value of property provisionally attached by AO. [Inserted by the Finance Act, 2016 w.e.f. 1-6-2016] |
Within a period of 30 days from the date of receipt of such reference |
281B(5) |
An order revoking the provisional attachment of property on furnishing of Bank Guarantee. (subject to conditions) [Inserted by the Finance Act, 2016 w.e.f. 1-6-2016] |
- Within 45 days from the date of receipt of the bank guarantee, where a reference to the Valuation Officer has been made or - Within 15 days from the date of receipt of bank guarantee in any other case. |
281B(7) |
Invoking Bank Guarantee by AO if the assessee fails to renew the guarantee or fails to furnish a new Guarantee [Inserted by the Finance Act, 2016 w.e.f. 1-6-2016] |
15 days before the expiry of the Guarantee. |
285 | Preparation and delivery of statement in prescribed form containing prescribed particulars by non-resident having liaison office in India set up in accordance with guidelines issued by RBI under FEMA, 1999 | Within 60 days from end of the financial year |
285A | Section 285A provides for reporting by an Indian concern if following two conditions are satisfied:
a) Shares or interest in a foreign company or entity derive substantial value, directly or indirectly, from assets located in India; and b) Such foreign company or entity holds such assets in India through or in such Indian concern. In this case, the Indian entity shall furnish information relating to the off-shore transaction having the effect of directly or indirectly modifying its ownership structure or control, to the prescribed income-tax authority in such manner, as may be prescribed. |
Within such time as may be prescribed. |
285B | Furnishing of statement by film producers | Within 60 days from end of financial year [Ma9] |
285BA6 | Filing of Statement of financial transaction | On or before 31st May immediately following financial year in which transaction is registered or recorded |
285BA(4)6 | Rectifying defect in return filed under section 285BA as required by prescribed income-tax authority | Within 30 days (or such extended time as may be allowed on application) from date of intimation of defect |
285BA(5)6 | Furnishing of return under section 285BA in response to notice from prescribed income-tax authority by person who has failed to furnish return within time | Within period not exceeding 30 days from date of service of notice. |
286(2) | Furnishing a report for every reporting accounting year by a parent entity or the alternate reporting entity, resident in India, to prescribed authority in respect of the international group of which it is a constituent | Within 12 months from the end of said reporting accounting year |
286(4) | Furnishing a report for a constituent entity of an international group (resident in India) [other than an entity covered under section 286(2)] for a reporting accounting year, if the parent entity is not obliged to file a report under section 286(2) or the parent entity is resident of a country with which India does not have an agreement providing for exchange of the report, etc. | Within 12 months from the end of the reporting accounting year [where, however, the parent entity of the constituent entity is resident of a country (where, there has been a "systematic failure" of the country), the period for submission of report shall be 6 months from the end of the month in which systematic failure has been intimated] |
286(6) | Producing information/document to the prescribed authority for the purpose of determining accuracy of report furnished by any reporting entity | Within 30 days of receipt of notice (prescribed authority on an application made by reporting entity may extend the period of 30 days by further period not exceeding 30 days)(applicable from the assessment year 2017-18) |
Securities Transaction Tax [Finance (No. 2) Act, 2004] | ||
101 | Filing of return by recognised stock exchange or mutual fund | On or before June 30 after the end of financial year |
102 | Making assessment | Within 2 years from the end of relevant financial year |
103 | Rectification of mistake | Within one year from the end of the financial year in which the order sought to be amended was passed |
110 | Filing appeal to Commissioner (Appeals) | Within 30 days from the date of receipt of order of the AO |
111 | Filing appeal to Tribunal | Within 60 days from the date on which the order sought to be appealed is communicated. |
Rule 18 of Appellate Tribunal Rules | Filing of paper book | At least a day before the date of hearing of the appeal along with the proof of service of a copy of the same on the other side at least a week before |
Schedule II Part I, Rule 3 | Execution of certificate drawn up | Not before 15 days after date of service of notice under rule 2 |
Schedule II Part I, Rule 14 | Filing of application by officer holding the sale relating to recovery from defaulting purchasers | Within 15 days from date of resale |
Schedule II Part II, Rule 25(5) | Attachment of growing crop which does not admit of being stored | Not less than 20 days before it is likely to be fit to be cut or gathered |
Schedule II Part II, Rule 40 | Sale of movable property (other than property, subject to speedy and natural decay and property in relation to which expense of keeping it in custody is likely to exceed its value) | Not before 15 days from date on which copy of sale proclamation was affixed in TRO's office |
Schedule II Part III, Rule 55 | Sale of immovable property without written consent of defaulter | Not until expiry of 30 days from date on which proclamation of sale has been affixed on the property or in the office of the TRO, whichever is later |
Schedule II Part III, Rule 57 | Payment of full amount of purchase money on sale of immovable property | Within 15 days from date of sale |
Schedule II Part III, Rule 60 | Application to set aside sale of immovable property on deposit of specified sum | Within 30 days from date of sale |
Schedule II Part III, Rule 61 | Application to set aside sale of immovable property on ground of non-service of notice or irregularity | Within 30 days from date of sale |
Schedule II Part III, Rule 62 | Application for setting aside sale on ground that defaulter had no saleable interest | Within 30 days from date of sale |
Schedule II Part III, Rule 68B | Sale of immovable property | Within 7 years from end of financial year in which order giving rise to demand, etc., has become conclusive. |
In case of re-sale, period shall be extended by one year. Further, the CBDT may further extend the period of 7 years for another period of 3 years. | ||
Schedule IV Part A, Rule 13 | Appeal by employer against order of Principal Chief Commissioner/ Principal Commissioner/Chief Commissioner or Commissioner refusing to recognise or withdrawing recognition from a provident fund | Within 60 days of such order |
Schedule IV Part B, Rule 8 | Appeal by employer against order of Principal Chief Commissioner/ Principal Commissioner/Chief Commissioner or Commissioner refusing to approve or withdrawing approval granted to a superannuation fund | Within 60 days of such order |
Schedule IV Part C, Rule 8 | Appeal by employer against order of Principal Chief Commissioner/ Principal Commissioner/Chief Commissioner or Commissioner refusing to approve or withdrawing approval granted to a gratuity fund | Within 60 days of such order |
1. Omitted with effect from assessment year 2015-16.
2. Fringe Benefit Tax is not leviable from assessment year 2010-11.
3. With effect from assessment year 2016-17, university, educational institutes or hospitals as referred to in section 10(23C)(iiiab) and (iiiac) shall also file return of income if its total income before exemption under Section 10 exceeds the maximum amount which is not chargeable to tax.
4. Provisions of Chapter XIV-B shall not apply where search is initiated, etc., after 31-5-2003.
5. High Court can admit an appeal after the expiry of the said period of one hundred and twenty days if it is satisfied that there was sufficient cause for not filing the appeal within the said period.
6. With effect from assessment year 2015-16 a new section 285BA has been substituted which provides for the furnishing of statement of financial transaction or reportable account within such time and in the form and manner, as may be prescribed.
The time prescribed for rectifying a defect in the return filed as required by the prescribed income-tax authority is 30 days from such intimation or such extended time as may be allowed.
Where a person who is required to furnish a statement under the new section has not furnished it, the prescribed income-tax authority may serve upon the person a notice requiring him to furnish the statement within 30 days from the date of service of the notice. Any inaccuracy in the statement so furnished has to be informed to the income-tax authority within 10 days and the correct information furnished in the prescribed manner.
[As amended by Finance Act, 2025]
Disclaimer:
The contents of this document are for information purposes only. This aims to enable public to have a quick and an easy access to information and do not purport to be legal documents.
Viewers are advised to verify the content from Government Acts/Rules/Notifications etc.
Various Threshold Limits under the Income Tax Act
[AY 2026-27]
S.N. |
Particulars |
Threshold Limits |
A. |
Basic Exemption |
|
1. |
Maximum amount of income which is not chargeable to Income-tax in case of Individual, HUF/ AOP/ BOI/ Artificial Juridical Person |
Rs. 2,50,000 |
2. |
Maximum amount of income which is not chargeable to Income-tax in the hands of a resident senior citizen (who is at least 60 Years of age at any time during the previous year but less than 80 Years of age on the last day of the previous year) |
Rs. 3,00,000 |
3. |
Maximum amount of income which is not chargeable to Income-tax in the hands of a resident super senior citizen (who is at least 80 Years of age at any time during the previous year) |
Rs. 5,00,000 |
3A. | Maximum amount of income which is not chargeable to Income-tax in case of Individual, HUF/ AOP/ BOI/ Artificial Juridical Person opted for section 115BAC | Rs. 4,00,000 |
3B. | Surcharge shall be charged at the rate of 10% of income-tax if net income is above Rs. 50 Lakh but it does not exceed Rs. 1 crore in case of Individual, HUF, AOP, BOI, Artificial judicial person (Subject to Marginal relief) | Rs. 50 lakh |
3C |
Surcharge shall be charged at the rate of 15% of income-tax if net income is above Rs. 1 crore but it does not exceed Rs. 2 crore in case of Individual, HUF, AOP, BOI, Artificial judicial person (Subject to Marginal relief) |
Rs. 1 Crore |
3D |
Surcharge shall be charged at the rate of 25% of income-tax if net income is above Rs. 2 crore but it does not exceed Rs. 5 crore in case of Individual, HUF, AOP, BOI, Artificial judicial person (Subject to Marginal relief) |
Rs. 2 crore |
3E |
Surcharge shall be charged at the rate of 37%* of income-tax if net income is above Rs. 5 crore in case of Individual, HUF, AOP, BOI, Artificial judicial person (Subject to Marginal relief) *25% in case assessee opted for new tax regime under section 115BAC |
Rs. 5 crore |
4. | Surcharge shall be charged at the rate of 12% of income-tax if net income exceeds Rs. 1 Crore in case of Firms, Local Authorities (Subject to Marginal Relief) | Rs. 1 Crore |
4A. | Surcharge shall be charged at the rate of 7% of income-tax if net income exceeds Rs. 1 Crore but doesn’t exceed Rs. 10 crore in case of co-operative society (Subject to Marginal Relief) | Rs. 1 Crore |
4B. | Surcharge shall be charged at the rate of 12% of income-tax if net income exceeds Rs. 10 Crore in case of co-operative society (Subject to Marginal Relief) | Rs. 10 Crore |
5. |
Surcharge shall be charged at the rate of 7% of income-tax if net income exceeds Rs. 1 Crore and at the rate of 12% if net income exceeds Rs. 10 Crores in case of domestic company (Subject to Marginal relief) |
Rs. 1 Crore / Rs. 10 Crore |
6. |
Surcharge shall be charged at the rate of 2% of income-tax if net income exceeds Rs. 1 Crore and at the rate of 5% if net income exceeds Rs. 10 Crores in case of foreign company (Subject to Marginal relief) |
Rs. 1 Crore / Rs. 10 Crore |
7. | Tax rate of 25% in case of a domestic company where its total turnover or the gross receipt in the previous year 2023-24 does not exceed Rs. 400 crore | Rs. 400 Crore |
S.N. |
Particulars |
Section |
Threshold Limits (for exemptions and others) |
B. |
Under the head Salaries |
||
1. |
Entertainment Allowance (Exempt in case of Government employee only) |
16(ii) |
Least of the following is exempt from tax: a) Rs 5,000 b) 1/5th of salary (excluding any allowance, benefit or perquisite) c) Actual entertainment allowance received |
2. |
Encashment of unutilized earned leave at the time of retirement by an employee (other than Government employee)(Subject to certain conditions) |
10(10AA) |
Least of the following shall be exempt from tax: a) Amount actually received b) Unutilized earned leave** X Average monthly salary c) 10 months Average Salary** d) Rs. 25,00,000 *While computing unutilized earned leave, earned leave entitlements cannot exceed 30 days for each year of service rendered to the current employer **Average salary = Average Salary*** of last 10 months immediately preceding the retirement ***Salary = Basic Pay + Dearness Allowance (to the extent it forms part of retirement benefits)+ turnover based commission |
3. |
Retrenchment Compensation received by a workman under the Industrial Dispute Act, 1947 (Subject to certain conditions). |
10(10B) |
Least of the following shall be exempt from tax: a) an amount calculated as per 25F(b) of the Industrial Disputes Act, 1947; b) Rs. 5,00,000; or c) Amount actually received. |
4. |
Death -cum-Retirement Gratuity received by other employees who are covered under Gratuity Act, 1972 (other than Government employee) (Subject to certain conditions). |
10(10) |
Least of following amount is exempt from tax: 1. (*15/26) X Last drawn salary** X completed year of service or part thereof in excess of 6 months. 2. Rs. 20,00,000 3. Gratuity actually received. *7 days in case of employee of seasonal establishment. ** Salary = Last drawn salary including DA but excluding any bonus, commission, HRA, overtime and any other allowance, benefits or perquisite |
5. |
Death -cum-Retirement Gratuity received by other employees who are not covered under Gratuity Act, 1972 (other than Government employee)(Subject to certain conditions). |
10(10) |
Least of following amount is exempt from tax: 1. 1/2 X Average Salary* X Completed years of service 2. Rs. 20,00,000 3. Gratuity actually received. *Average salary = Average Salary of last 10 months immediately preceding the month of retirement **Salary = Basic Pay + Dearness Allowance (to the extent it forms part of retirement benefits)+ turnover based commission |
6. |
Amount received on Voluntary Retirement or Voluntary Separation (Subject to certain conditions |
10(10C) |
Least of the following is exempt from tax: 1) Actual amount received as per the guidelines i.e. least of the following (a) 3 months salary for each completed year of services (b) Salary at the time of retirement X No. of months of services left for retirement; or 2) Rs. 5,00,000 |
7. |
Children Education Allowance |
10(14) read with Rule 2BB |
Up to Rs. 100 per month per child up to a maximum of 2 children. |
8. |
Hostel Expenditure Allowance |
10(14) read with Rule 2BB |
Up to Rs. 300 per month per child up to a maximum of 2 children. |
9. |
Transport Allowance granted to an employee to meet expenditure on commuting between place of residence and place of duty |
10(14) read with Rule 2BB |
Up to Rs. 3,200 per month for blind and handicapped employees |
10. |
Transport Allowance to an employee working in any transport business to meet his personal expenditure during his duty performed in the course of running of such transport from one place to another place provided employee is not in receipt of daily allowance. |
Sec. 10(14) read with Rule 2BB |
Amount of exemption shall be lower of following: a) 70% of such allowance; or b) Rs. 10,000 per month. |
11. |
Allowances to Retired Chairman/Members of UPSC (Subject to certain conditions) |
10(45) |
Up to Rs.14,000 per month for defraying the service of an orderly and for meeting expenses incurred to wards secretarial assistance an contract basis. |
12. |
Special compensatory Allowance (Hilly Areas) (Subject to certain conditions and locations) |
Sec. 10(14) read with Rule 2BB |
Amount exempt from tax varies from Rs. 300 to Rs. 7,000 per month. |
13. |
Border area, Remote Locality or Disturbed Area or Difficult Area Allowance (Subject to certain conditions and locations) |
Sec. 10(14) read with Rule 2BB |
Amount exempt from tax varies from Rs. 200 to Rs. 1,300 per month. |
14. |
Tribal area allowance in (a) Madhya Pradesh (b) Tamil Nadu (c) Uttar Pradesh (d) Karnataka (e) Tripura (f) Assam (g) West Bengal (h) Bihar (i) Odisha |
Sec. 10(14) read with Rule 2BB |
Up to Rs. 200 per month |
15. |
Compensatory Field Area Allowance. If this exemption is taken, employee cannot claim any exemption in respect of border area allowance (Subject to certain conditions and locations) |
Sec. 10(14) read with Rule 2BB |
Up to Rs. 2,600 per month |
16. |
Compensatory Modified Area Allowance. If this exemption is taken, employee cannot claim any exemption in respect of border area allowance (Subject to certain conditions and locations) |
Sec. 10(14) read with Rule 2BB |
Up to Rs. 1,000 per month |
17. |
Counter Insurgency Allowance granted to members of Armed Forces operating in areas away from their permanent locations. If this exemption is taken, employee cannot claim any exemption in respect of border area allowance (Subject to certain conditions and locations) |
Sec. 10(14) read with Rule 2BB |
Up to Rs. 3,900 per month |
18. |
Underground Allowance to employees working in uncongenial, unnatural climate in underground mines (Subject to certain conditions) |
Sec. 10(14) read with Rule 2BB |
Up to Rs. 800 per month |
19. |
High Altitude Allowance granted to armed forces operating in high altitude areas (Subject to certain conditions and locations) |
Sec. 10(14) read with Rule 2BB |
a) Up to Rs. 1,060 per month (for altitude of 9,000 to 15,000 feet) b) Up to Rs. 1,600 per month (for altitude above 15,000 feet) |
20. |
Highly active field area allowance granted to members of armed forces (Subject to certain conditions and locations) |
Sec. 10(14) read with Rule 2BB |
Up to Rs. 4,200 per month |
21. |
Island Duty Allowance granted to members of armed forces in Andaman and Nicobar and Lakshadweep group of Island (Subject to certain conditions and locations) |
Sec. 10(14) read with Rule 2BB |
Up to Rs. 3,250 per month |
22. | Standard Deduction to salaried taxpayers or pensioners | 16(ia) |
In case of normal tax regime • Up to Rs. 50,000 In case of new tax regime under section 115BAC • Up to Rs. 75,000 |
23. |
Tax on contribution to an approved superannuation fund by the employer in respect of the employee |
17(2)(vii) |
To the extent it exceeds Rs.1,50,000 per year (not taxable if employer's contribution is Rs. 1 lakh or less per year) |
24. |
Expense incurred by employer on providing educational facility to the children of the employee shall be exempt in the hands of an employee |
Rule 3 |
Up to Rs.1,000 per month per child |
25. |
Interest on loan received from employer at concessional rate of interest couldn’t be taxed as perquisite in the hands of the employee |
Rule 3 |
If aggregate amount of such loan during the relevant previous year does not exceed Rs.20,000 |
26. |
Free meal provided to employees during office hours by the employer couldn’t be taxed as perquisite in the hands of the employees |
Rule 3 |
If cost of such meal does not exceed Rs.50 per meal |
27. |
Value of any gift received by the employee or by member of his household from employer is exempt in the hands of the employee |
Rule 3 |
Up to the extent of Rs.5,000 if received in kind |
C. |
Under the head Income from House Property |
||
1. |
Standard deductions |
24(a) |
30% of annual value |
2. |
Interest incurred on borrowed capital for construction/ acquisition of self-occupied house property (Subject to certain conditions) Note: With effect from Assessment Year 2020-21, deduction for interest paid or payable on borrowed capital shall be allowed in respect of two self-occupied house properties. However, the aggregate amount of deduction under this provision shall remain same i.e., Rs. 2,00,000. |
24(b) |
Up to Rs. 2,00,000 |
3. |
Interest incurred on borrowed capital for re-construction, repair or renewal of self-occupied house property (Subject to certain conditions) Note: With effect from Assessment Year 2020-21, deduction for interest paid or payable on borrowed capital shall be allowed in respect of two self-occupied house properties. However, the aggregate amount of deduction under this provision shall remain same i.e., Rs. 30,000. |
24(b) | Up to Rs. 30,000 |
D. |
Under the head Profits and Gains of Business or Profession |
||
1. |
Deduction under section 32AC is available if actual cost of new plant and machinery acquired and installed by a manufacturing company after 31-03-2013 but before 01-04-2015 exceeds Rs. 25/100 Crores, as the case may be (Subject to certain conditions). |
32AC |
15% of actual cost of new asset acquired and installed (if it exceeds Rs. 25 Crores/100 Crores, as the case may be) |
2. |
The agricultural extension project shall be considered for approval under section 35CCC if expenditure (not being expenditure in the nature of cost of any land or building) expected to be incurred on such project exceeds the threshold limit (Subject to certain conditions) |
Rule 6AAD read with section 35CCC |
Rs. 25,00,000 |
2A. | If value adopted for stamp duty exceeds the consideration received on transfer of an immovable property, the stamp duty value shall be deemed to be the full value of consideration. | 43CA | However, if stamp duty value does not exceed 110% of the consideration received, the consideration so received shall be deemed to be the full value of consideration |
3. |
Compulsory maintenance of prescribed books of account - Specified Profession (Subject to certain conditions and circumstances) |
44AA |
Persons carrying on specified profession |
4. |
Compulsory maintenance of books of account - Other business or profession (Subject to certain conditions and circumstances) |
44AA |
1) If the total sales, turnover or gross receipts exceeds Rs 10,00,000 in any one of the three years immediately preceding the previous year; or 2) If the income from business or profession exceeds Rs 1,20,000 in any one of the three years immediately preceding the previous year. Note: Individuals or HUFs shall be required to maintain books of account only when either their gross turnover/gross receipts exceed Rs 2,50,0000 or their income from business or profession exceed Rs 2,50,000. |
5. |
Compulsory Audit of books of accounts (Subject to certain conditions and circumstances) |
44AB |
1) If total sales, turnover or gross receipts exceeds Rs. 1 Crore in any previous year, in case of business; or Note: a) Provided that this section is not applicable to the person, who opts for presumptive taxation Scheme under Section 44AD and his total sales or turnover does not exceed Rs 2 crores. b) Threshold limit of Rs. 1 crore shall be increased to Rs. 10 crore in case where the cash receipt and payment made during the year does not exceed 5% of total receipt or payment the business 2) If gross receipts exceeds Rs. 50 Lakhs in any previous year, in case of profession. |
6. |
Limit on payments in cash for expenses/ liability (Subject to certain conditions and exceptions) |
40A(3) |
1) Rs. 10,000 (total payment to a person in a day) 2) Rs. 35,000 (total payment to a person in a day) for payments made for plying, hiring or leasing of goods carriage. |
7. |
Computation of income from eligible business on presumptive basis under Section 44AD (Subject to certain conditions). |
44AD |
Presumptive income of eligible business shall be 8 % of gross receipt or total turnover (if turnover of eligible business does not exceed Rs. 2 crore). Note: (1) Presumptive income shall be calculated at rate of 6% in respect of total turnover or gross receipts which is received by an account payee cheque or draft or use of electronic clearing system or through such other electronic mode as may be prescribed (2) The turnover limit of Rs. 2 crores shall be increased to Rs. 3 crores if the amount or aggregate of the amount of cash received during the previous year does not exceed 5% of the total turnover or gross receipts of such year. The receipts through the mode of cheque or a bank draft which is not an account payee, shall be considered a receipt in cash. |
7A. | Computation of income from eligible profession on presumptive basis under section 44ADA (Subject to conditions) | 44ADA |
Presumptive income shall be or through such other electronic mode as may be prescribed 50% of total gross receipt if the total gross receipts from such profession do not exceed Rs. 50 lakh in a previous year. Note: if the amount of cash received during the previous year does not exceed 5% of the total gross receipt of such year then the threshold limit for total gross receipt shall be taken as Rs. 75 lakh instead of Rs. 50 lakh. The receipts through the mode of cheque or a bank draft which is not an account payee, shall be considered a receipt in cash for this purpose. |
8. |
Presumptive income from business of plying, hiring or leasing of goods carriage if assessee does not own more than 10 goods carriage. |
44AE |
For Heavy Goods Vehicle: Rs. 1,000 per ton of gross vehicle weight for every month or part of a month during which the heavy goods vehicle is owned by assessee For Other Goods Vehicle: Rs. 7,500 for every month or part of a month during which the goods carriage is owned by assessee Note: 'Heavy goods vehicle' means goods carriage vehicle the gross vehicle weight of which exceeds 12,000 kilograms. |
9. |
Alternate Minimum Tax (in case of Individual, HUF, AOP or BOI) (Subject to certain conditions) |
115JC |
18.5% of adjusted total income (plus surcharge and education cess) provided adjusted total income exceeds Rs. 20,00,000. Note: 1) Rate of AMT is 9% in case of a unit located in an IFSC and derives income solely in convertible foreign exchange. 2) Rate of AMT is 15% in case of a co-operative society |
10. |
Applicability of Domestic Transfer Pricing, if aggregate value of transactions with associated enterprises during the previous year exceeds the threshold limit |
92BA |
Rs. 20 Crores |
11. |
Every person who has entered into an international transaction or a specified domestic transaction shall keep and maintain the specified information and documents |
Rule 10D read with section 92D |
If aggregate value, as recorded in the books of account, of international transactions entered into by him exceeds Rs.1,00,00,000 |
E. |
Under the head Income from Capital Gains |
||
1 |
Share or interest ('assets') in a foreign company or entity shall be deemed to be situated in India, if such assets derives, directly or indirectly, its value substantially from the assets located in India. Provided the value of such assets, on the specified date, exceeds the prescribed limit. |
9(1)(i) |
If the value of assets: a) Exceeds Rs. 10 crores; and b) Represents at least 50% of value of all assets owned by the company or entity. |
1A. | If value adopted for stamp duty exceeds the consideration received on transfer of an immovable property, the stamp duty value shall be deemed to be the full value of consideration. | 50C | However, if stamp duty value does not exceed 110% of the consideration received, the consideration so received shall be deemed to be the full value of consideration. |
1B. | Limit on the long-term capital gains arising from transfer of residential house property which shall be invested in two residential house properties in India. | 54 | A taxpayer has an option to make investment in two residential house properties in India. This option can be exercised by the taxpayer only once in his lifetime provided the amount of long-term capital gain does not exceed Rs. 2 crores. |
2. |
Limit on investment made by an assessee in bonds of NHAI or REC etc., from long term capital gains arising from transfer of an immovable property (being Land or Building or both) during the financial year, for claiming exemption (Subject to certain conditions) |
54EC |
Rs. 50,00,000 during the financial year in which immovable property is transferred and in subsequent financial year |
3. | Exemption from long-term capital gain if such gain is invested by an assessee in units of fund as may be notified by Central Government to finance start-ups. | 54EE | Investment in new assets or capital gains, whichever is lower, however, subject to Rs. 50 lakhs. |
4. | Tax on long-term capital gains arising from transfer of an equity share, or a unit of an equity oriented fund or a unit of a business trust. | 112A |
• No tax if long-term capital gain doesn't exceed Rs. 1,25,000 |
F. |
Under the head Income from Other Sources |
||
1. |
Gifts without consideration/ inadequate consideration from non-relatives (Subject to certain conditions) |
56 |
Gift up to Rs. 50,000 is not chargeable to tax |
2. |
Transfer of immovable property for inadequate consideration. |
56 |
If stamp duty value exceeds higher of following amount: a) Rs. 50,000; and b) Amount equal to 10% of the consideration. |
3. |
Sum received by a family member of a person who died due to Covid-19 |
56(2)(x) |
Sum received upto Rs. 10 lakh from any person (other than employer of the deceased) is not chargeable to tax |
4. |
Standard Deduction for family pension |
57(iia) |
In case of normal tax regime: • 33.33% of Family Pension subject to maximum of Rs. 15,000 In case of new tax regime under section 115BAC(1A)(ii) • 33.33% of Family Pension subject to maximum of Rs. 25,000 |
G. |
Trust |
||
1. |
Activity for advancement of any other object of general public utility shall be considered as charitable activity |
2(15) |
If activity is undertaken in course of carrying out of object of general public utility and aggregate receipts from such activity do not exceed 25% of total receipts of financial year. |
2. |
Anonymous donation to be taxed at the rate of 30% |
115BBC |
To the extent it exceeds 5% of total donations received by assessee or Rs.1,00,000, whichever is higher |
3. |
Annual receipts should not exceed the threshold limit for the purposes of claiming exemption under section 10(23C)(iiiad)/(iiiae) |
Rule 2BC |
Rs.1 Crore |
4. |
Maximum amount which an electoral trust can spend for managing its affairs |
Rule 17CA |
5% of the total contributions received in a year subject to an aggregate limit of Rs. 5,00,000 in the first year of incorporation and Rs.3,00,000 in subsequent year |
H. Eligible Investment Funds
Section 9A provides that in the case of an eligible investment fund, the fund management activity carried out through an eligible fund manager acting on behalf of such fund shall not constitute business connection in India of the said fund (subject to certain conditions).
Conditions for an eligible investment fund
It further provides that an eligible investment fund shall not be said to be resident in India for the purpose of section 6 merely because the eligible fund manager, undertaking fund management activities on its behalf, is situated in India.
The offshore funds shall be required to fulfil the following conditions during the relevant year for being an eligible investment fund:
a) fund is not a person resident in India;
b) fund is a resident of a country with which double taxation avoidance agreement has been entered into;
c) aggregate participation or investment in the fund, directly by persons resident in India does not exceed 5% of the corpus of the fund as on April 01st and October 1st of the previous year;;
Note 1: Any contribution made by eligible fund manager during first three years of operation of fund, which doesn’t exceed Rs, 25 crore, shall not be taken into account while calculating aggregating participation of investment in fund.;
Note 2: If the contribution exceeds 5% on April 01st and October 1st of the previous year, the conditions mentioned in (c) shall be deemed to be satisfied if it is satisfied within 4 months of first day of April or first day of October of the previous year, as the case may be.
d) fund and its activities are subject to applicable investor protection regulations in the country of its residence;
e) fund has a minimum of 25 members who are, directly or indirectly, not connected persons;
f) any member of the fund along with connected persons shall not have any participation interest, directly or indirectly, in the fund exceeding 10%;
g) aggregate participation interest, directly or indirectly, of ten or less members along with their connected persons in the fund, shall be less than fifty percent;
h) investment by the fund in an entity shall not exceed twenty percent of the corpus of the fund;
i) no investment shall be made by the fund in its associate entity;
j) the monthly average of the corpus of the fund shall not be less than 100 crores rupees and if the fund has been established or incorporated in the previous year, the corpus of fund shall not be less than 100 crores rupees at the end of a period of six months from the last day of the month of its establishment or incorporation or at the end of the previous year which ever is earlier
k) fund shall not carry on or control and manage, directly or indirectly, any business in India or from India;
l) fund is neither engaged in any activity which constitutes a business connection in India nor has any person acting on its behalf whose activities constitute a business connection in India other than the activities undertaken by the eligible fund manager on its behalf;
m) remuneration paid by the fund to an eligible fund manager in respect of fund management activity undertaken on its behalf is not less than the amount calculated is such manner as may be prescribed.
Conditions for an eligible fund manager
The following conditions shall be required to be satisfied by the person being the fund manager for being an eligible fund manager:
a) person is not an employee of the eligible investment fund or a connected person of the fund;
b) person is registered as a fund manager or investment advisor in accordance with the specified regulations;
c) person is acting in the ordinary course of his business as a fund manager;
d) person along with his connected persons shall not be entitled, directly or indirectly, to more than 25% of the profits accruing or arising to the eligible investment fund from the transactions carried out by the fund through such fund manager.
Note:
The Central Government, by notification, may relax above specified conditions in respect of an eligible investment fund and its eligible fund manager if such fund manager is located in IFSC (as defined in clause (a) of the Explanation to section 80LA) and has commenced its operation on or before 31-03-2024.
I. |
Deductions under Chapter VI-A |
||
1. |
Deduction to an individual and HUF for amount invested in following ways: 1. Life insurance premium for policy: a) in case of individual, on life of assessee, assessee’s spouse and any child of assessee b) in case of HUF, on life of any member of the HUF 2. Sum paid under a contract for a deferred annuity: a) in case of individual, on life of the individual, individual’s spouse and any child of the individual (however, contract should not contain an option to receive cash payment in lieu of annuity) b) in case of HUF, on life of any member of the HUF 3. Sum deducted from salary payable to Government servant for securing deferred annuity or making provision for his wife/children [qualifying amount limited to 20% of salary] 4. Contributions by an individual made under Employees’ Provident Fund Scheme 5. Contribution to Public Provident Fund Account in the name of: a) in case of individual, such individual or his spouse or any child of such individual b) in case of HUF, any member thereof 6. Contribution by an employee to a recognized provident fund 7. Contribution by an employee to an approved superannuation fund 8. Subscription to any notified security or notified deposit scheme of the Central Government For this purpose, Sukanya Samriddhi Account Scheme has been notified vide Notification No. 9/2015, dated 21/1/2015. Any sum deposited during the year in Sukanya Samriddhi Account by an individual would be eligible for deduction. Amount can be deposited by an individual in the name of her girl child or any girl child for whom such an individual is the legal guardian. 9. Subscription to notified savings certificates[National Savings Certificates(VIII Issue)] 10. Contribution for participation in unit-linked Insurance Plan of UTI: a) in case of an individual, in the name of the individual, his spouse or any child of such individual b) in case of a HUF, in the name of any member thereof 11. Contribution to notified unit-linked insurance plan of LIC Mutual Fund: a) in the case of an individual, in the name of the individual, his spouse or any child of such individual b) in the case of a HUF, in the name of any member thereof 12. Subscription to notified deposit scheme or notified pension fund setup by National Housing Bank [Home Loan Account Scheme/National Housing Banks (Tax Saving) Term Deposit Scheme, 2008] 13. Tuition fees (excluding development fees, donations, etc.) paid by an individual to any university, college, school or other educational institution situated in India, for full time education of any 2 of his/her children 14. Certain payments for purchase/construction of residential house property 15. Subscription to notified schemes of(a) public sector companies engaged in providing long-term finance for purchase/construction of houses in India for residential purposes/(b)authority constituted under any law for satisfying need for housing accommodation or for planning, development or improvement of cities, towns and villages, or for both 16. Sum paid towards notified annuity plan of LIC or other insurer 17. Subscription to any units of any notified [u/s 10(23D)] Mutual Fund or the UTI (Equity Linked Saving Scheme, 2005) 18. Contribution by an individual to any pension fund set up by any mutual fund which is referred to in section 10(23D) or by the UTI (UTI Retirement Benefit Pension Fund) 19. Subscription to equity shares or debentures forming part of any approved eligible issue of capital made by a public company or public financial institutions 20. Subscription to any units of any approved mutual fund referred to in section 10(23D), provided amount of subscription to such units is subscribed only in ‘eligible issue of capital’ referred to above. 21. Term deposits for a fixed period of not less than 5 years with a scheduled bank, and which is in accordance with a scheme framed and notified. 22. Subscription to notified bonds issued by the NABARD. 23. Deposit in an account under the Senior Citizen Savings Scheme Rules, 2004 (subject to certain conditions) 24. 5-year term deposit in an account under the Post Office Time Deposit Rules, 1981 (subject to certain conditions) 25. Contribution to specified account of pension scheme referred to in section 80CCD in case of central Government employee |
80C |
Up to 1,50,000 (Subject to overall limit of Rs. 1,50,000 under Section 80C, 80CCC and 80CCD(1)) |
2. |
Contribution to certain specified Pension Funds of LIC/other insurer by an Individual (Subject to certain conditions). |
80CCC |
Up to 1,00,000 (Subject to overall limit of Rs. 1,50,000 under Section 80C, 80CCC and 80CCD(1)) |
3. |
Contribution to notified Pension Scheme (NPS) by an Individual (Subject to certain conditions). Note:- 1. Deduction under section 80CCD(2) on account of contribution made by the employer to a pension scheme is not subjected to ceiling limit of Rs. 1,50,000 as provided under section 80CCE. 2. Addition deduction of Rs. 50,000 shall not be allowed in respect of contribution which is considered for deduction under section 80CCD(1), i.e., limit of 10% of salary/gross total income 3. Any payment from NPS to an assessee because of closure or his opting out of the pension scheme is exempt to the extent of 60%. However, with effect from the assessment year 2017-18, the whole amount received by the nominee from NPS on death of the assessee shall be exempt from tax. 4. Any partial withdrawal from NPS shall be exempt to the extent of 25% of amount of contributions made by the employee. 5. Any partial withdrawal from NPS shall be exempt to the extent of 25% of amount of contributions made by the parent or guardian of minor. |
80CCD |
Amount contributed to pension scheme or 10% of salary/gross total income*, whichever is less (subject to ceiling limit of Rs. 1,50,000 as provided under Section 80CCE) shall be allowed as deduction under section 80CCD(1). Additional deduction to the extent of Rs. 50,000 shall also be available to the assessee under section 80CCD(1B). The additional deduction is not subjected to ceiling limit of Rs. 1,50,000 as provided under section 80CCE. Note: The benefit of additional deduction of upto Rs. 50,000 under section 80CCD(1B) is also available to sum deposited to the account of minor by parent or guardian (effective from AY 2026-27) Contribution made by employer shall also be allowed as deduction under section 80CCD(2) while computing total income of the employee. However, amount of deduction could not exceed 14% of salary if contribution is made by Central/State Government and 10%** of salary in case of others. *10% or 14% as the case may be, of salary in case of employees otherwise 20% of gross total income. ** 14% in case income of assessee is chargeable to tax under section 115BAC(1A) |
4. |
Amount paid (in any mode other than cash) by an individual or HUF to LIC or other insurer to effect or keep in force an insurance on the health of specified person*. An individual can also made payment to the Central Government health scheme and/or on account of preventive health check-up. *specified person means - In case of Individual- Self, Spouse, dependent children or parents - In case of HUF- Any member thereof Note:- 1. Deduction for preventive health check-up shall not exceed in aggregate Rs. 5,000. 2. Payment on account of preventive health check-up may be made in cash. 3. Within overall limit, deduction shall also be allowed upto Rs. 50,000 towards medical expenditure incurred on the health of specified person provided such person is a senior citizen and no amount has been paid to effect or to keep in force an insurance on the health of such person. 4. "Senior citizen" means an individual resident in India who is of the age of sixty years or more at any time during the relevant previous year. |
80D |
In case of Individual, amount paid: a) For self, spouse and dependent children: Rs. 25,000 (Rs. 50,000 if specified person is a senior citizen) b) For parents: additional deduction of Rs. 25,000 shall be allowed (Rs. 50,000 if parent is a senior citizen) In case of HUF, premium up to Rs. 25,000 (Rs. 50,000 if person insured is a senior citizen) paid to insure any member of the family. |
5. |
Deduction allowed to resident Individual and HUF for: a) Any expenditure incurred for the medical treatment (including nursing), training and rehabilitation of a dependent, being a person with disability b) Any amount paid or deposited under an approved scheme framed in this behalf by the LIC or any other insurer or the Administrator or the specified company for the maintenance of a dependent, being a person with disability (Subject to certain conditions). |
80DD |
Rs. 75,000 (Rs. 1,25,000 in case of severe disability) |
6. |
Expenses actually paid by resident individual and HUF for medical treatment of specified diseases and ailments of: a) In case of Individual: Assessee himself or wholly dependent spouse, children, parents, brothers and sisters b) In case of HUF: Any member of the family who is wholly dependent upon the family (Subject to certain conditions). |
80DDB |
Up to Rs. 40,000 (Rs. 1,00,000 in case of senior citizen) |
7. |
Interest payable on loan taken up to Rs. 35 lakhs by an individual taxpayer from any financial institution, sanctioned during the FY 2016-17, for the purpose of acquisition of a residential house property whose value does not exceed Rs. 50 lakhs (Subject to certain conditions). |
80EEA |
Deduction of up to Rs.50,000 towards interest on loan. |
8. |
Interest payable on loan taken by an individual taxpayer, who is not eligible to claim deduction under 80EE, from any financial institution, sanctioned during the period beginning on 01-04-2019 and ending on the 31-03-2022; for the purpose of acquisition of a residential house property whose stamp duty value does not exceed Rs. 45 lakhs (Subject to certain conditions). |
80EEA |
Deduction up to Rs.1,50,000 towards interest on loan. |
8A. |
Interest payable on loan taken by an individual taxpayer from any financial institution, sanctioned during the period beginning on 01-04-2019 and ending on the 31-03-2023; for the purpose of purchase of an electric vehicle (Subject to certain conditions). |
80EEB |
Deduction up to Rs.1,50,000 towards interest on loan. |
9. |
Rent paid by an individual for furnished/unfurnished residential accommodation if he is not receiving any HRA (Subject to certain conditions) |
80GG |
Least of the following shall be exempt from tax: a) Rent paid in excess of 10% of total income*; b) 25% of the Total Income; or c) Rs. 5,000 per month. Total Income = Gross total income minus capital gains, short term capital gains under section 111A, deductions under section 80C to 80U (other than 80GG) and income under section 115A |
10. |
Deduction in respect of certain donations for scientific, social or statistical research or rural development programme or for carrying out an eligible project or National Urban Poverty Eradication Fund shall be allowed (Subject to certain conditions) |
80GGA |
100% of donations or contributions made. No deduction shall be allowed if contribution is paid in cash in excess of Rs.10,000 |
10A. |
Deduction from profit and gains derived by an eligible start-up from a business involving innovation, development, deployment or commercialization of new products, process or services driven by technology or intellectual property rights. Deduction in respect of eligible start-up (subject to certain conditions) Eligible start-up means a company or a limited liability partnership, incorporated on or after 1/4/2016 but before 1/4/2030 and holds a certificate from Inter-Ministerial Board of Certification. |
80-IAC |
100% deduction is available for any 3 consecutive assessment years out of 10 years beginning from the year in which the eligible start-up is incorporated. However, total turnover of eligible start-up should not exceed Rs. 100 Crore in previous year in which deduction under section 80-IAC is claimed. |
10B. | Deductions in respect of profits and gains arising from housing projects | 80-IBA | Deduction of 100% of the profits and gains derived by assessee from the business of developing and building affordable housing projects. |
11. |
Royalty income of resident individual - authors of certain specified category of books other than text books |
80QQB |
Least of the following shall be exempt from tax: a) In case of Lump sum payment - Amount of royalty income subject to maximum of Rs. 3,00,000 b) In other cases - amount of such income subject to maximum of 15% of value of books sold during the previous year. |
12. |
Royalty in respect of patents registered on or after 01.04.2003 earned by resident individual (subject to certain conditions) |
80RRB |
100% of royalty subject to maximum of Rs. 3,00,000 |
13. |
Interest on deposits in saving account of an Individual or HUF (except senior citizen) with a banking company, a post office, co-operative society engaged in banking business, etc. (Subject to certain conditions) |
80TTA |
100% of amount of such income subject to maximum of Rs. 10,000 |
14. | Interest on deposit in saving/fixed account of an senior citizen with a banking company, a post office, co-operative society engaged in banking business, etc. (Subject to certain conditions) | 80TTB | 100% of amount of such income subject to maximum of Rs. 50,000 |
15. |
A resident individual who, at any time during the previous year, is certified by the medical authority to be a person with disability [as defined under Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995] |
80U |
Rs. 75,000 (Rs. 1,25,000 in case of severe disability) |
16. |
Maximum amount of deduction available to specified co-operative societies if it is engaged in activities in addition to the prescribed activities (Subject to certain conditions) |
80P |
Rs.1,00,000 in case of consumer co-operative society or Rs.50,000 in any other case |
17. |
Deduction available to a co-operative society, (not being a housing society or an urban consumers' society or a society carrying on transport business or a society engaged in the performance of any manufacturing operations with the aid of power,) in respect of income by way of interest on securities or any income from house property |
80P |
If its gross total income does not exceed Rs.20,000 |
18. | Producer company engaged in an eligible business of marketing, purchase or processing of agricultural produce of its members | 80PA | 100% of profits for a period of 5 years from the financial year 2018-19 subject to the condition that the total turnover of company shall be less than Rs. 100 crores during the financial year. |
J. |
Deduction of tax at source and Advance tax |
||
1. |
No deduction of tax at source from salaries |
192 |
If net taxable income is less than maximum amount which is not chargeable to tax (Rs. 2,50,000 for an individual, Rs. 3,00,000 for Senior Citizens and Rs. 5,00,000 for Super Senior Citizens) |
1A |
No TDS from payment of provident fund account of an employee |
192A |
If the aggregate amount paid is less than Rs. 50,000. |
2. |
No TDS from interest paid on debentures issued by a company in which public are substantially interested. Provided interest is paid by account payee cheque to resident individual or HUF |
193 |
If amount paid or payable during the financial year does not exceed Rs. 5,000 |
2A. | No TDS from interest paid on securities | 193 | If amount paid or payable does not exceed Rs. 10,000 for a single payment or in the aggregate during the financial year |
3. |
No TDS from interest on 8% Saving (Taxable) Bonds 2003, 7.75% Savings (Taxable) Bonds, 2018, Floating Rate Savings Bonds, 2020 (Taxable) or any other notified security paid to a resident persons |
193 |
If amount paid or payable during the financial year does not exceed Rs. 10,000 |
3A. | No TDS from interest on 6.5% Gold bonds, 1977 or 7% Gold bonds, 1980 paid to resident individual | 193 | If a declaration is made that the nominal value of such bonds did not exceed Rs. 10,000 at any time during the previous year |
4. |
No TDS from dividend paid by any mode other than cash to resident persons |
194 |
If amount paid or payable during the financial year does not exceed Rs. 10,000 |
5. |
No TDS from interest (other than on interest on securities) paid by a banking company, co-operative bank or specified public company on time deposits Note: With effect from 01.06.2015, tax shall be deducted from interest credited or paid by a co-operative bank to its member |
194A |
If amount paid or payable during the financial year does not exceed Rs. 50,000 (Rs. 1,00,000 in case of Senior Citizens) Note: a) With effect from 01.06.2015, time deposit shall also include recurring deposit. Therefore, tax shall be deduction from payment of interest on recurring deposit if it exceeds the threshold limit of Rs. 50,000/100,000. b) The threshold limit of Rs. 50,000/100,000 shall be computed with reference to the income credited or paid by a banking company or co-operative bank (and not by individual branch thereof) which has adopted core banking solutions ('CBS'). |
6. |
No TDS from payment of interest on deposit with a post office under Senior Citizens Saving Scheme Rules, 2004 |
194A |
If amount paid or payable during the financial year does not exceed Rs. 1,00,000 |
7. |
No TDS from interest other than on securities (in any other case) |
194A |
If amount paid or payable during the financial year does not exceed Rs. 10,000 |
8. |
No TDS from interest on compensation awarded by payment of Motor Accident Claims Tribunal |
194A |
If amount paid during the financial year does not exceed Rs. 50,000 Note: With effect from 01.06.2015, no tax shall be deducted at the time of credit of interest on compensation awarded by the Motor Accidents Claims Tribunal. |
9. |
No TDS from Lottery / Cross Word Puzzles |
194B |
If amount paid in respect of a single transaction does not exceed Rs. 10,000 |
10. |
No TDS from winnings from horse races |
194BB |
If amount paid in respect of a single transaction does not exceed Rs. 10,000 |
11. |
No TDS from sum paid or payable to contractor |
194C |
a) If sum paid or payable to a contractor in a single payment does not exceed Rs. 30,000 b) If sum paid or payable to contractor in aggregate does not exceed Rs. 1,00,000 during the financial year |
12. |
No TDS from insurance commission paid or payable during the financial year |
194D |
If amount paid or payable during the financial year does not exceed Rs. 20,000 |
12A | No TDS on the amount of income comprised in sum payable under a life insurance a police (including bonus) to a resident person | 194DA | If amount paid or payable during the financial year is less than Rs. 1 lakh |
13. |
No TDS from payments made out of deposits under NSS |
194EE |
If amount paid or payable during the financial year does not exceed Rs. 2,500 |
14. |
No TDS from commission paid on lottery tickets |
194G |
If amount paid or payable during the financial year does not exceed Rs. 20,000 |
15. |
No TDS from payment of commission or brokerage |
194H |
If amount paid or payable during the financial year does not exceed Rs. 20,000. Further no tax to be deducted from commission payable by BSNL/ MTNL to their PCO Franchisees. |
16. |
No TDS from payment of rent in respect of land &building, furniture or fittings or plant and machinery |
194-I |
If amount paid or payable for a month or part of a month doesn’t exceed Rs. 50,000 |
17. |
No TDS from payment of consideration for purchase of an immovable property (other than agriculture land) |
194-IA |
If consideration of immovable property and its stamp duty value doesn’t exceed Rs. 50,00,000 |
17A. |
No TDS from payment of rent in respect of any land or building. Note: Other than the rent covered by section 194-I |
194-IB |
If amount paid or payable during the financial year does not exceed Rs. 50,000 |
18. |
No TDS from payment of professional fees, technical fees and royalty |
194J |
If amount paid or payable during the financial year does not exceed Rs. 50,000 |
18A. |
No TDS from the payment of any income in respect of the following: a) Units of Mutual fund specified under section 10(23D); b) Units from the administrator of specified undertaking; or Units from the specified company. |
194K | If amount paid or payable exceeds Rs. 10,000 during the financial year. |
19. |
No TDS from payment of compensation on compulsory acquisition of immovable property (other than Agricultural Land) |
194LA |
If amount paid or payable during the financial year does not exceed Rs. 5 Lakhs |
19A. | No obligation to deduct tax by an Individual or HUF (other than those who are required to deduct income-tax as per the provisions of section 194C, section 194H or section 194J) responsible for paying any sum to any resident for carrying out any work (including supply of labour for carrying out any work) in pursuance of a contract, by way of commission (not being insurance commission referred to in section 194D) or brokerage or by way of fees for professional services. | 194M | If aggregate of sum paid or credited during a financial year does not exceed Rs. 50 lakh. |
19B. | No obligation to deduct tax by a banking company, co-operative bank or a post office on cash withdrawal made by a person. | 194N | If aggregate of amount of cash withdrawal during the financial year from one or more account does not exceed Rs. 1 crore/20 lakhs (as the case may be). |
19C. | No TDS from payment to participants of e-commerce | 194-O | If amount paid or payable to resident Individual or HUF during the financial year does not exceed Rs. 5 Lakhs |
19D. | No TDS from payment made to resident seller | 194Q | If amount paid or payable to resident seller for purchase of goods doesn’t exceed Rs. 50 lakhs during the financial year. |
19E. | No TDS in case any benefit or perquisite is provided to a resident | 194R | If aggregate value of benefit/perquisite provided during the Financial Year doesn’t exceed Rs. 20,000 |
19F. | No TDS from payment on transfer of Virtual Digital Asset | 194S |
No tax shall be deducted under this provision in the following circumstance: • If the consideration is payable by any person (other than a specified person) and its aggregate value does not exceed Rs. 10,000 during the financial year. • If the consideration is payable by a specified person and its aggregate value does not exceed Rs. 50,000 during the financial year. Specified person means: (a) An individual or a HUF, whose total sales, gross receipts or turnover does not exceed Rs. 1 crore in case of business or Rs. 50 lakhs in case of a profession, during the financial year immediately preceding the financial year in which virtual digital asset is transferred; (b) An individual or a HUF who does not have any income under the head profits and gains of business or profession. |
19G. | No TDS on payment made to partners of Firms | 194T | If amount or aggregate of amount paid/ payable during the financial year does not exceed Rs. 20,000. |
20. |
Furnishing of quarterly return in respect of payment of interest (other than interest on securities) to residents without deduction of tax |
206A |
If amount paid or payable during the financial year does not exceed: a) Rs.40,000 where payer is banking company or co-operative society; b) Rs.5,000 in other case |
21. | No TCS on sale of motor vehicle or any other notified goods. | 206C | If value of motor vehicle/notified goods doesn’t exceeds Rs. 10,00,000 |
21A. | No TCS on remittance made under Liberalized Remittance Scheme | 206C(1G) | If amount remitted by a buyer during a financial year is less than Rs. 10 lakh |
21B. | No TCS on sale of Goods Note: Provisions of section 206C(1H) are not applicable w.e.f. 01-04-2025 |
206C(1H) | If the aggregate value of sale in any previous year does not exceed Rs. 50 lakhs |
22. |
A person (not being a banking company) carrying on any business or profession in India may file an application for certificate authorizing receipt of interest and other sums without deduction of tax under section 195 (Subject to certain conditions). |
Rule 29B |
If he has been carrying on business or profession in India continuously for a period of not less than 5 years immediately preceding the date of the application and the value of the fixed assets in India of such business or profession as shown in his relevant books for the earlier year exceeds Rs.50,00,000 |
23. |
Any person responsible for paying to a non-resident, not being a company, or to a foreign company, any interest or salary or any other sum chargeable to tax under the provisions of the Act, shall furnish information. |
Rule 37BB |
In Part A of Form No. 15CA if the amount of payment doesn't exceed Rs. 5,00,000 in aggregate during the financial year In Part B of Form No. 15CA if the amount of payment exceeds Rs. 5,00,000 in aggregate during the financial year and a certificate under section 195(2)/ 195(3)/ 197 of Income-tax Act has been obtained from the Assessing Officer. In Part C of Form No. 15CA if the amount of payment exceeds Rs. 5,00,000 in aggregate during the financial year and a certificate in Form No. 15CB has been obtained from a Chartered Accountant. |
23A. | Any person responsible for paying to a non-resident, not being a company, or to a foreign company, any sum not chargeable to tax under the provisions of the Act, shall furnish information. | Rule 37BB |
In Part D of Form No. 15CA. However, there is no reporting requirement in following cases:- i) If payment is made by an individual and it is permissible under Liberalized Remittance Scheme. ii) If remittance is covered under the Specified list |
24. |
Liability for payment of advance tax |
208 |
Taxpayer is liable to pay advance-tax if his advance tax liability exceeds Rs. 10,000 |
K. |
Filing of Return and Assessment |
||
1. |
Every person being an Individual, HUF, AOP, BOI or AJP shall be required to file return of income if his total income before claiming exemption or deduction under 10(38), 10A, 10B, 10BA, 54, 54B, 54D, 54EC, 54F, 54G, 54GA or 54GB or Chapter VI-A, exceeds maximum exemption limit. |
139 read with Rule 12 |
Maximum exemption limit is as follows:- 1. In case of super senior citizen – Rs. 5,00,000 2. In case of senior citizen – Rs. 3,00,000 3. In case of any other person– Rs. 2,50,000 |
2. | Issue of notice under section 148 to re-open assessment within 3 years from the end of the relevant assessment year [applicable till 31-08-2024] | 149 | If escaped income is less than Rs. 50 lakh |
3. | Issue of notice under section 148 to re-open assessment within 10 years from the end of the relevant assessment year [applicable till 31-08-2024] | 149 | If escaped income is Rs. 50 lakh or more |
4. |
Issue of notice under section 148 to re-open assessment within 3 years and 3 months from the end of the relevant assessment year [applicable from 01-09-2024] |
149 |
If escaped income is less than Rs. 50 lakh |
5. | Issue of notice under section 148 to re-open assessment within 5 years and 3 months from the end of the relevant assessment year [applicable from 01-09-2024] | 149 | If escaped income is Rs. 50 lakh or more |
6. | Issue of notice to show cause under section 148A within 3 years from the end of the relevant assessment year [applicable from 01-09-2024] | 149 | If escaped income is less than Rs. 50 lakh |
7. |
Issue of notice to show cause under section 148A within 5 years from the end of the relevant assessment year [applicable from 01-09-2024] |
149 |
If escaped income is Rs. 50 lakh or more |
8 |
The president or any other members of ITAT may dispose of any case which has been allotted to the Bench of which he is a member and which pertains to an assessee whose total income as computed by the AO does not exceed the prescribed sum. |
255 |
Rs. 50,00,000 |
L. |
Penalties |
||
1. |
Penalty for failure to file statement within time prescribed in section 200(3) or in proviso to section 206C(3) |
234E |
Rs. 200 for every day during which failure continues but not exceeding tax deductible/collectible |
2. |
Penalty for failure to keep, maintain, or retain books of account, documents, etc., as required under section 44AA |
271A |
Rs. 25,000 |
3. | Reporting entity of international group (as referred to in Section 286) fails to furnish information and documents in accordance with provisions of Section 92D. | 271AA(2) | Rs. 5,00,000/- |
3A. | Income determined by AO or CIT(A) includes any income referred to in sections 68 to 69D if such income is not included by assessee in his return of income or tax in accordance with section 115BBE has not been paid | 271AAC | 10% of tax payable under section 115BBE |
3B. |
Penalty, if during any proceedings under the Act, it is found that in the books of accounts maintained by assessee, there is: a) A false entry; or b) Any entry relevant for computation of total income of such person has been omitted to evade tax liability. |
271AAD | 100% of such false entries or omitted entry |
3C. |
Violation of the provisions of 21st proviso to section 10(23C) or section 13(1)(c) pertaining to passing of unreasonable benefits to trustees or specified person |
271AAE |
(a) For the first violation: to the extent of income applied by the institution for the benefit of any interested party referred to in section 13(3); (b) For any violation in subsequent years: twice the amount of such income so applied (“double penalty”). |
4. |
Penalty for failure to get accounts audited or furnishing a report of audit as required under section 44AB |
271B |
One-half per cent of total sales, turnover or gross receipts, etc., or Rs. 1,50,000, whichever is less |
5. |
Penalty for failure to furnish a report from an accountant as required by section 92E |
271BA |
Rs. 1,00,000 |
5A. |
Penalty to be levied if a person received an amount of Rs. 3 lakh or more otherwise than by an account payee cheque or bank draft or use of electronic clearing system |
271DA |
Amount of such receipt |
6. |
Penalty for not providing facility for accepting payment through prescribed electronic modes of payment by a person carrying on business if total sales, turnover or gross receipts from business exceeds Rs. 50 crore. |
271DB |
Rs. 5,000 rupees for every day of default |
7. |
Penalty for failure to furnish statement of financial transactions or reportable account as required under section 285BA(1) |
271FA |
Rs. 500 per day of Default |
8. |
Penalty for failure to furnish statement of financial transactions or reportable account within the period specified in notice issued under Section 285BA(5) |
271FA |
Rs. 1,000 per day of default |
8A. |
Penalty for furnishing inaccurate particulars in Statement of financial transactions or reportable account. |
271FAA |
Rs. 50,000 |
9. |
Penalty to be levied if Investment Fund failed to furnish a statement or information or document as required under Section 9A(5) |
271FAB |
Rs. 5,00,000 |
10. |
If shares of a foreign company derives its value substantially from assets located in India, and such company holds such assets in India through an Indian concern, then, such Indian concern shall furnish the prescribed information to the tax authority in accordance with Section 285A. In case of failure, penalty shall be levied. |
271GA |
a) 2% of value of transaction, if such transaction results in transferring right of mgmt. or control in relation to Indian concern; b) Rs. 5,00,000 in any other case |
10A. | Failure to furnish report in respect of international group as referred to in section 286(2) | 271GB(1) |
Rs. 5,000 per day (If period of failure is up to 30 days) Rs. 15,000 per day (if period of failure continues beyond 30 days) |
10B. | If any reporting entity referred to in Section 286 fails to produce the information and documents within the prescribed period | 271GB(2) | Rs. 5,000 for every day during which the failure continues. |
10C. | If failure [as referred to in aforesaid cases] continues after order has been served directing entity to pay the penalty | 271GB(3) | Rs. 50,000 for every day for which such failure continues beginning from the date of serving such order. |
10D. | Penalty if reporting entity provides inaccurate information in the report furnished under Section 286(2) | 271GB(4) | Rs. 5,00,000 |
10E. | Penalty for failure to submit statement under section 285 | 271GC | Rs. 1,000 per day of failure, up to 3 months; or Rs. 1,00,000 in any other case |
11. |
Penalty for failure to deliver/cause to be delivered a statement within the time prescribed in section 200(3) or the proviso to section 206C(3), or furnishes incorrect information in the statement |
271H |
Rs. 10,000 but may extend to Rs.1,00,000 |
12. |
Penalty shall be levied if a person fails to furnish or furnishes inaccurate information in Form 15CA & 15CB as required under Section 195(6). |
271-I |
Rs. 1,00,000 |
12A. |
Penalty shall be levied if an accountant or a merchant banker or a registered valuer has furnished incorrect information in any report or certificate. |
271J |
Rs. 10,000 for each incorrect report or certificate |
12B. |
Penalty of default in submission of statement/certificate prescribed under section 35/Section 80G |
271K |
Rs. 10,000 to Rs. 1 lakh |
13. |
Penalty for refusal or failure to : a) answer questions b) sign statement c) attend to give evidence or produce books of account, etc., incompliance with summons under section 131(1) d) comply with notice u/s 142(1)/143(2) or failure to comply with direction issued u/s 142(2A) |
272A(1) |
Rs. 10,000 for each failure/default |
14. |
Penalty for failure to: a) furnish requisite information in respect of securities as required under section 94(6); b) give notice of discontinuance of business or profession as required under section 176(3); c) furnish in due time returns, statements or certificates, deliver declaration, allow inspection, etc., under sections 133, 134, 139(4A),139(4C), 192(2C), 197A, 200(2A), 203, 206,206C, 206C(3A), 206C(1A) and 285B; d) deduct and pay tax under section226(2) e) file a copy of the prescribed statement within the time specified in section 200(3) or the proviso to section 206C(3) (up to 1-7-2012) f) file the prescribed statement within the time specified in section206A(1) |
272A(2) |
Rs. 500 for every day during whichthe failure continues |
15. |
Penalty for failure to comply with section 133B |
272AA(1) |
Not exceeding Rs. 1,000 |
16. |
Penalty in case of default in complying with the provisions of section 139A relating to PAN or Aadhar, i.e., failure to obtain, quote, or authenticate PAN or Aadhar, as the case may be. The Finance (No. 2) Act, 2019 has provided for interchangeability of Aadhar with PAN. Hence, consequential amendments have been made in penal provisions also. |
272B |
Rs. 10,000 per default |
17. |
Penalty for failure to comply with section 203A |
272BB(1) |
Rs. 10,000 for each failure/default |
18. |
Penalty for quoting false tax deduction account number/tax collection account number/tax deduction and collection account number in challans/certificates/statements/documents referred to in section 203A(2) |
272BB(1A) |
Rs. 10,000 |
19. |
Income-tax officer can impose penalty only with the prior approval of Joint Commissioner |
274 |
If amount of penalty exceeds Rs. 10,000 |
20. |
Assistant Commissioner or Deputy Commissioner can impose penalty only with the prior approval of Joint Commissioner |
274 |
If amount of penalty exceeds Rs. 20,000 |
21. |
Commissioner or Principal Commissioner can reduce or waive penalty only with the previous approval of Principal Chief Commissioner or Chief Commissioner or Principal Director-General or Director-General |
273A |
If amount of penalty exceeds Rs. 1,00,000 |
M. |
Prosecution |
||
1. |
Prosecution of 6 months to 7 years with fine for willful attempt to evade tax, penalty or interest or under reporting of income |
276C(1) |
If tax sought to be evaded exceeds Rs. 25 Lakhs |
2. |
Prosecution of 6 months to 7 years with fine for willful failure to furnish return of income under section 139(1), or furnish return of income under section 139(8A) or, in response to notice under section 142(1)(i) or section 148 or section 153A |
276CC |
If tax sought to be evaded exceeds Rs. 25 Lakhs |
3. |
Prosecution of 6 months to 7 years with fine for furnishing false statement in verification or delivery of false account, etc. |
277 |
If tax sought to be evaded exceeds Rs. 25 Lakhs |
4. |
Prosecution of 6 months to 7 years with fine for abetment of false return, account, statement or declaration relating to any income chargeable to tax |
278 |
If tax sought to be evaded exceeds Rs. 25 Lakhs |
N. |
Fees |
||
1. |
Fees for failure to furnish return of income within the time prescribed under section 139(1) |
234F |
Rs. 5,000 if return is furnished after due date specified under section 139(1). However if the total income of the person does not exceed Rs. 5 lakhs then Rs. 1,000 shall be the late filing fees. |
2. |
Fee for default in submission of statement/certificate prescribed under section 35/Section 80G |
234G |
Rs. 200 per day |
2A. |
Fee for default in intimating the Aadhaar Number |
234H |
a) Rs. 500, if such intimation is made between 01-04-2022 and 30-06-2022; and b) Rs. 1,000, in all other cases. |
3. |
Fees for filing of appeal before CIT(A) |
249 |
a) Rs.250 if total income as computed by AO is up to Rs. 1 lakh b) Rs. 500 if total income as computed by AO is more than Rs. 1 lakh but up to Rs. 2 lakhs c) Rs.1,000 if total income as computed by AO is more than Rs. 2 lakhs d) Rs.250 in any other case |
4. |
Fees for filing of appeal before CIT(A) |
253 |
a) Rs.500 if total income as computed by AO is up to Rs. 1 lakh b) Rs.1,500 if total income as computed by AO is more than Rs. 1 lakh but up to Rs. 2 lakhs c) 1% of assessed income subject to maximum of Rs. 10,000 if total income as computed by AO is more than Rs. 2 lakhs d) Rs. 500 in any other case |
5. |
Fees for filing of application before CIT for revision of order under section 264 |
264 |
Rs.500 |
6. |
Fees for filing application for advance ruling |
245Q |
Rs.10,000 on such fees as may be prescribed, whichever is higher |
7. |
Fees for filing application before settlement commission |
Rule 44C |
Rs. 500 |
O. |
PAN |
||
1. |
Every person carrying on any business or profession to apply for PAN if total sales, turnover or gross receipts in any previous exceeds the threshold limit |
139A |
Rs.5,00,000 |
1A. |
Every non-individual resident persons and persons associated with them shall apply for PAN if the financial transaction entered into by them during the financial year exceeds the threshold limit. Note: 1) Persons associated with non-individual resident persons means the managing director, director, partner, trustee, author, founder, karta, chief executive officer, principal officer or office bearer of the non-individual resident persons or any person competent to act on behalf of such persons. 2) The last date to apply for PAN shall be 31st May of next Financial Year in which financial transactions are entered into. |
139A |
Rs. 2,50,000 |
2. |
Certain transaction in which quoting of PAN is mandatory. |
Section 139A read with Rule 114B |
a) Sale or purchase of any immovable property valued at Rs. 10 lakhs or more b) A time deposit with a bank/Nidhi company/NBFC exceeding Rs. 50,000 or aggregating to more than Rs. 5,00,000 during a financial year c) A time deposit with Post Office exceeding Rs. 50,000 or aggregating to more than Rs. 5,00,000 during a financial year d) A contract of a value exceeding Rs. 1 lakh for sale or purchase of securities e) Sale or purchase, by any person, of shares of a company not listed in a recognised stock exchange of an amount exceeding Rs. 1,00,000 per transaction. f) Payment to hotels and restaurants against their bills for an amount exceeding Rs. 50,000 at any one time g) Payment in cash for purchase of bank draft or pay orders or banker’s cheque for an amount Rs. 50,000 or more during any one day h) Deposit in cash aggregating Rs. 50,000 or more during one day with a bank i) Payment in cash in connection with travel to any foreign country of an amount exceeding Rs. 50,000 at any one time j) Payment in cash for purchase of any foreign currency of an amount exceeding Rs. 50,000 at any one time. k) Payment of an amount of Rs. 50,000 or more to a Mutual Fund for purchase of units or to a company for acquiring shares or debentures or bonds issued by it l) Payment of an amount of Rs. 50,000 or more to RBI for acquiring bonds issued by it m) Payment in cash or by way of a bank draft or pay order or banker's cheque of an amount aggregating to more than Rs. 50,000 in a financial year for one or more pre-paid payment instruments issued by RBI to a banking company or a co-operative bank or to any other company or institution. n) Payment of an amount of Rs. 50,000 or more in a year as life insurance premium to an insurer o) Payment for sale or purchase of goods or services of any nature (other than those specified above in Point No. (a)to(n)) of an amount exceeding Rs. 2,00,000 per transaction. |
P. |
Others Provisions |
||
1. |
Restriction on transfer of immovable property without prior agreement between transferor and transferee to that effect |
Rule 48K |
If value of property exceeds: 1. Rs. 75,00,000 if immovable property is comprised within in area of Greater Bombay 2. Rs. 50,00,000 if immovable property is comprised within in area of Union territory of Delhi 3. Rs. 25,00,000 if immovable property is comprised within in area of Calcutta Metropolitan Area and Madras Metropolitan Planning Area 4. Rs. 25,00,000 if immovable property is comprised within in area of Bangalore Metropolitan Region and the areas declared as Ahmedabad Urban Development Area and the areas comprised in the city of Ahmedabad 5. Rs. 25,00,000 if immovable property is comprised within in area of Pune 6. Rs. 20,00,000 if immovable property is comprised within in areas other than those mentioned above and notified vide SO 339(E), dated 8th May, 1989; SO 53(E), dated 19th January, 1990 and SO 180(E), dated 14th March, 1991 7. Rs. 10,00,000 if the agreement for transfer is entered into, on or before the 31-07-1995 |
2. |
No restriction on transfer of immovable property without prior agreement between transferor and transferee to that effect |
269UC |
If value of property does not exceed Rs. 5,00,000 |
3. |
Transfer of any asset except stock-in-trade, without obtaining the permission of assessing officer, in favour of any other person during the pendency of any proceeding under the act of which notice is served on the assessee to be considered as void |
281 |
If amount of tax or other sum payable or likely to be payable exceeds Rs. 5,000 or value of asset transferred exceeds 10,000 |
4. |
Submission of statements by producers of cinematograph films or person engaged in specified activity within prescribed period |
285B |
Reporting of all payments made by him or due from him to each such persons as is engaged by him in such production which exceeds Rs. 50,000 |
5. |
No statement is required to be furnished to the registrar in respect of transfer of immovable property |
269P |
If apparent consideration for such property doesn’t exceedRs.50,000 |
6. |
Limit on accepting loan or deposit or any specified sum otherwise than by account payee cheque or account payee bank draft or electronic clearing system or through such other electronic mode as may be prescribed (Subject to certain conditions) |
269SS |
Rs. 20,000 in aggregate |
6A. |
Limit on receiving any amount otherwise than by account payee cheque or account payee bank draft or electronic clearing system or through such other electronic mode as may be prescribed (Subject to certain conditions) |
269ST |
Rs. 2,00,000 or more in aggregate from a person in a day |
7. |
Limit on repayment of loan or deposit or any specified advance received by it, otherwise than by account payee cheque or account payee bank draft or electronic clearing system or through such other electronic mode as may be prescribed (Subject to certain conditions) |
269T |
Rs. 20,000 in aggregate |
8. |
Rebate to resident individual whose total income does not exceed Rs. 5,00,000 |
87A |
Tax payable subject to maximum of Rs. 12,500 |
8A. |
Rebate to assessee whose total income chargeable to tax under section 115BAC(1A) is upto Rs. 12,00,000 |
87A |
Tax payable subject to maximum of Rs. 60,000 Note: The total rebate under section 87A shall not exceed the amount of income tax payable as per the rates provided in section 115BAC(1A) [effective from AY 2026-27] |
9. |
Income of minor child clubbed under Section 64(1A) with parent’s income. |
10(32) |
Rs. 1,500 per child or Income of Minor, whichever is lower |
[As amended by Finance Act, 2025]
Disclaimer:
The contents of this document are for information purposes only. This aims to enable public to have a quick and an easy access to information and do not purport to be legal documents.
Viewers are advised to verify the content from Government Acts/Rules/Notifications etc.
Gold and silver rates for the current year, last ten assessment years and on April 1, 1981/2001
[As amended by Finance Act, 2025]
Assessment year/ valuation date |
Gold rates1 (995 standard 24 carats) (per 10 gms.) |
Silver rates (9,9960 touch) (per 1 kg.) |
Assessment year/ valuation date |
Gold rates1 (995 standard 24 carats) (per 10 gms.) |
Silver rates (9,9960 touch) (per 1kg.) |
Rs. |
Rs. |
Rs. |
Rs. |
||
1-4-1981 |
1,670 |
2,715 |
Asst. Yr. 2011-12 |
||
31-3-2011 |
20,775 |
56,900 |
|||
Asst. Yr. 2012-13 |
|||||
31-3-2012 |
28,040 |
56,290 |
|||
Asst. Yr. 2013-14 |
|||||
31-3-2013 |
29,610 |
54,030 |
|||
Asst. Yr. 2014-15 |
|||||
31-3-2014 |
28,470 |
43,070 |
|||
Asst. Yr. 2008-09 |
Asst. Yr. 2015-16 |
||||
31-3-2008 |
12,125 |
23,625 |
31-3-2015 |
26,245 |
37,825 |
Asst. Yr. 2009-10 |
Asst. Yr. 2016-17 |
||||
31-3-2009 |
15,105 |
22,165 |
31-3-2016 |
28,340 |
36,990 |
Asst. Yr. 2010-11 |
Asst. Yr. 2017-18 |
||||
31-3-2010 |
16,320 |
27,255 |
31-3-2017 |
28,950 |
42,000 |
Asst. Yr. 2018-19 |
|||||
31-3-2018 |
30,680 |
38,355 |
|||
Asst. Yr. 2019-20 |
|||||
31-3-2019 |
31,640 |
37,245 |
|||
Asst. Yr. 2020-21 |
|||||
31-3-2020 |
43,000 |
39,200 |
|||
Asst. Yr. 2021-22 |
|||||
31-3-2021 |
44,013 |
62,862 |
|||
Asst. Yr. 2022-23 |
|||||
31-3-2022 |
51,278 |
66,990 |
|||
Asst. Yr. 2023-24 |
|||||
31-03-2023 |
59,512 |
71,582 |
|||
Asst. Yr. 2024-25 | |||||
31-03-2024 |
66,983 |
74,127 |
|||
Asst. Yr. 2025-26 | |||||
31-03-2025 | 88,807 | 1,00,892 |
Notes :
1. Value of gold contained in gold ornaments should be reduced by 14 to 20 per cent of ruling rates of standard gold, as per the practice prevalent in the bullion market and the amount of reduction has to be worked out in the following manner :
Plain gold bangles and ornaments made of solid gold |
Other gold ornaments |
|
Difference in value between 24 carats of standard gold and 22 carats of gold ornaments (gold ornaments are generally made of 22 carats of gold) |
8.33% |
8.33% |
Soldering made of copper, silver, etc., used in making ornaments |
2.5% to 5% |
8.33% |
Shortage of gold in melting, mint charges payable to Government, expenditure on freight, insurance, etc., of sending gold ornaments to approved mint for conversion into standard gold bars |
1.25% |
1.25% |
Margin of profit of the dealer when ornaments are sold in market |
2% |
2% |
Total reduction |
14.08% to 16.58% |
19.91% |
2. Silverwares, utensils, etc., is liable for wealth-tax.
3. Conversion table:
10 grams |
= |
0.857 tola |
1 tola |
= |
11.664 grams |
1 kilogram |
= |
85.734 tolas |
10 tolas |
= |
116.638 grams |
Disclaimer:
The contents of this document are for information purposes only. This aims to enable public to have a quick and an easy access to information and do not purport to be legal documents.
Viewers are advised to verify the content from Government Acts/Rules/Notifications etc.
Tax rates as per IT Act vis a vis Tax Treaties
[As amended by Finance Act, 2025]
Country |
Dividend |
Interest |
Royalty |
Fee for Technical Services |
||||
Tax Treaty |
I-T Act |
Tax Treaty |
I-T Act |
Tax Treaty |
I-T Act (Note 3) |
Tax Treaty |
I-T Act |
|
Albania |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Armenia |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Australia |
15% |
20%/10% |
15% |
20%/10%/5% |
10%/15% |
20% |
No separate provision |
20% |
Austria |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Bangladesh |
a) 10% (if at least 10% of the capital of the company paying the dividend is held by the recipient company); b) 15% in all other cases |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
No separate provision |
20% |
Belarus |
a) 10%, if paid to a company holding 25% shares; b) 15%, in all other cases |
20%/10% |
10% |
20%/10%/5% |
15% |
20% |
15% |
20% |
Belgium |
15% |
20%/10% |
15% (10% if loan is if granted by a bank) |
20%/10%/5% |
10% |
20% |
10% |
20% |
Bhutan |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Botswana |
a) 7.5%, if shareholder is a company and holds at least 25% shares in the investee-company; b) 10%, in all other cases |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Brazil |
15% |
20%/10% |
15% |
20%/10%/5% |
25% for use of trademark; 15% for others |
20% |
No separate provision |
20% |
Bulgaria |
15% |
20%/10% |
15% |
20%/10%/5% |
15% of royalty relating to literary, artistic, scientific works other than films or tapes used for radio or television broadcasting; 20% in other cases |
20% |
20% |
20% |
Canada |
a) 15%, if at least 10% of the voting powers in the company, paying the dividends, is controlled by the recipient company; b) 25%, in other cases |
20%/10% |
15% |
20%/10%/5% |
10%-20% |
20% |
10%-20% |
20% |
China |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Colombia |
5% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Croatia |
a) 5% (if at least 10% of the capital of the company paying the dividend is held by the recipient company); b) 15% in all other cases |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Cyprus |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Czech Republic |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Denmark |
a) 15%, if at least 25% of the shares of the company paying the dividend is held by the recipient company; b) 25%, in other cases |
20%/10% |
a) 10% if loan is granted by bank; b) 15% for others |
20%/10%/5% |
20% |
20% |
20% |
20% |
Estonia |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Ethiopia |
7.5% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Finland |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Fiji |
5% |
20%/10%` |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
France |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Georgia |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Germany |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Greece |
20% |
20%/10% |
20% |
20%/10%/5% |
10% |
20% |
No separate provision |
20% |
Hongkong |
5% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Hungary |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Indonesia |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Iceland |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Ireland |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Iran |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Israel |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Italy |
a) 15% if at least 10% of the shares of the company paying dividend is beneficially owned by the recipient company; b) 25% in other cases |
20%/10% |
15% |
20%/10%/5% |
20% |
20% |
20% |
20% |
Japan |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Jordan |
10% |
20%/10% |
10% |
20%/10%/5% |
20% |
20% |
20% |
20% |
Kazakhstan |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Kenya |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Korea |
15% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Kuwait |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Kyrgyz Republic |
10% |
20%/10% |
10% |
20%/10%/5% |
15% |
10% |
15% |
20% |
Libyan Arab Jamahiriya |
10% 20% |
20%/10% |
20% |
20%/10%/5% |
20% |
20% |
No separate provision |
20% |
Latvia |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Lithuania |
a) 5%, if the beneficial owner is a company (other than a partnership) which holds directly at least 10 per cent of the capital of the company paying the dividends. b) 15%, in other cases |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Luxembourg |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Malaysia |
5% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Malta |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Mongolia |
15% |
20%/10% |
15% |
20%/10%/5% |
15% |
20% |
15% |
20% |
Mauritius |
a) 5%, if at least 10% of the capital of the company paying the dividend is held by the recipient company; b) 15%, in other cases |
20%/10% |
7.5% |
20%/10%/5% |
15% |
20% |
10% |
20% |
Montenegro |
(a ) 5% if the beneficial owner is a company (other than a partnership) which holds directly at least 25 per cent of the capital of the company paying the dividends; (b ) 15% in other cases |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Myanmar |
5% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
No separate provision |
20% |
Morocco |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Mozambique |
7.5% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
No separate provision |
20% |
Macedonia | 10% | 20%/10% | 10% | 20%/10%/5% | 10% | 20% | 10% | 20% |
Namibia |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Nepal |
(a) 5% if the beneficial owner is a company which owns at least 10 per cent of the shares of the company paying the dividends; (b) 15% in all other cases. |
20%/10% |
10% |
20%/10%/5% |
15% |
20% |
No separate provision |
20% |
Netherlands |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
New Zealand |
15% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Norway |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Oman |
a) 10%, if at least 10% of shares are held by the recipient company; b) 12.5%, in other cases |
20%/10% |
10% |
20%/10%/5% |
15% |
20% |
15% |
20% |
Philippines |
a) 15%, if at least 10% of the shares of the company paying the dividend is held by the recipient company; b) 20%, in other cases |
20%/10% |
a) 10%, if interest is received by a financial institution or insurance company; b) 15% in other cases |
20%/10%/5% |
15% if it is payable in pursuance of any collaboration agreement approved by the Government of India |
20% |
No separate provision |
20% |
Poland |
10% |
20%/10% |
10% |
20%/10%/5% |
22.5% |
20% |
22.5% |
10% |
Portuguese Republic |
10%***/15% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Qatar |
a) 5% if the beneficial owner is a company which owns at least ten per cent of the shares of the company paying the dividend; and b) 10% in all other cases. |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Romania |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Russian Federation |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Saudi Arabia |
5% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
No separate provision |
20% |
Serbia |
a) 5%, if recipient is company and holds 25% shares; b) 15%, in any other case |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Singapore |
a) 10%, if at least 25% of the shares of the company paying the dividend is held by the recipient company; b) 15%, in other cases |
20%/10% |
a) 10%, if loan is granted by a bank or similar institute including an insurance company; b) 15%, in all other cases |
20%/10%/5% |
10% |
20% |
10% |
20% |
Slovenia |
a) 5% if the beneficial owner is a company which owns at least ten per cent of the shares of the company paying the dividend; and b)15% in all other cases |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
South Africa |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Spain |
15% |
20%/10% |
15% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Sri Lanka |
7.5% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Sudan |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Sweden |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Swiss |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Syrian Arab Republic |
a) 5%, if at least 10% of the shares of the company paying the dividend is held by the recipient company; b) 10%, in other cases |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
No separate provision |
20% |
Taipei |
12.5% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Tajikistan |
a) 5%, if at least 25% of the shares of the company paying the dividend is held by the recipient company; b) 10%, in other cases |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
No separate provision |
20% |
Tanzania |
10% (5% if shareholder is a company and holds 25% shares) |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
No separate provision |
20% |
Thailand |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
No separate provision |
20% |
Trinidad and Tobago |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Turkey |
15% |
20%/10% |
a) 10% if loan is granted by a bank, etc.; b) 15% in other cases |
20%/10%/5% |
15% |
20% |
15% |
20% |
Turkmenistan |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Uganda |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Ukraine |
a) 10%, if at least 25% of the shares of the company paying the dividend is held by the recipient company; b) 15%, in other cases |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
United Arab Emirates |
10% |
20%/10% |
a) 5% if loan is granted by a bank/similar financial institute; b) 12.5%, in other cases |
20%/10%/5% |
10% |
20% |
No separate provision |
20% |
United Arab Republic (EGPT) | 10%/20% [Note 4] | 20%/10% | 20% [Note 4] | 20%/10%/5% | 20% [Note 4] | 20% | No separate provision | 20% |
United Mexican States |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
United Kingdom |
(a) 15% o where dividends are paid out of income (including gains) derived directly or indirectly from immovable property within the meaning of Article 6 by an investment vehicle which distributes most of this income annually and whose income from such immovable property is exempted from tax (b ) 10% in all other case |
20%/10% |
a) 10%, if interest is paid to a bank; b) 15%, in other cases |
20%/10%/5% |
10%/15% |
20% |
10%/15% |
20% |
United States |
a) 15%, if at least 10% of the voting stock of the company paying the dividend is held by the recipient company; b) 25% in other cases |
20%/10% |
a) 10% if loan is granted by a bank/similar institute including insurance company; b) 15% for others |
20%/10%/5% |
10%/15% |
20% |
10%/15% |
20% |
Uruguay |
5% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Uzbekistan |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Vietnam |
10% |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Zambia |
a) 5%, if at least 25% of the shares of the company paying the dividend is held by a recipient company for a period of at least 6 months prior to the date of payment of the dividend; b) 15% in other cases |
20%/10% |
10% |
20%/10%/5% |
10% |
20% |
10% |
20% |
Notes:
a) Rate of tax shall be 10% on income from Global Depository Receipts under Section 115AC(1)(b) of Income-tax Act, 1961.
b) Rate of tax shall be 20% under Section 115A on dividend received by a foreign company or a non-resident non-corporate assessee. However, rate of tax shall be 10% on dividend received from a unit in an IFSC as referred to in section 80LA(1A).
c) Rate of tax shall be 20% under Section 115AD on dividend received by a Foreign institutional investor.
a) Rate of tax shall be 20% under Section 115A on interest received by a foreign company or a non-resident non-corporate assessee from Government or an Indian concern on moneys borrowed or debt incurred by Government or the Indian concern in foreign currency.
b) Rate of tax shall be 10% under Section 115AC on income from bonds of an Indian company issued in accordance with such scheme as the Central Government may, by notification in the Official Gazette, specify in this behalf, or on bonds of a public sector company sold by the Government, and purchased by non-resident in foreign currency
c) Rate of tax shall be 5% in following cases:
(i) Interest received from an infrastructure debt fund as referred to in section 10(47)
(ii) Interest received from an Indian company specified in section 194LC.
(iii) Interest of the nature and extent referred to in section 194LD (applicable from the assessment year 2014-15).
(iv) Distributed income being interest referred to in section 194LBA(2) (section 194LBA is inserted by the Finance (No. 2) Act, 2014 w.e.f. 01-10-2014)
3. Royalties and fees for technical services would be taxable in the country of source at the rates prescribed for different categories of royalties and fees for technical services. These rates shall be subject to various conditions and nature of services/royalty for which payment is made. For detailed conditions refer to relevant Double Taxation Avoidance Agreements.
From Assessment Year 2017-18, any income of a person resident in India by way of royalty in respect of a patent developed and registered in India shall be taxable at the rate of 10% as per section 115BBF,
4. Articles 11, 12 and 13 of the India-UAR (Egypt) treaty don’t provide withholding tax rates in respect of dividend, interest and royalty payments. Thus, the tax shall be withheld as per rates applicable under the Income-tax Act 1961.
Disclaimer:
The contents of this document are for information purposes only. This aims to enable public to have a quick and an easy access to information and do not purport to be legal documents.
Viewers are advised to verify the content from Government Acts/Rules/Notifications etc.