Summary of The Income-Tax Bill, 2025
Smt Nirmala Sitharaman, Minister of Finance
2/13/20253 min read
Overview
- Purpose: To consolidate and amend the law relating to income-tax.
- Enactment: Introduced in Lok Sabha as Bill No. 24 of 2025.
- Applicability: Extends to the whole of India.
- Effective Date: Comes into force on April 1, 2026, unless otherwise specified.
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Key Definitions
| Term | Definition |
|-------------------------------|---------------------------------------------------------------------------------------------------|
| Assessee | A person liable to pay tax or whose income is assessed under this Act. |
| Resident | A person who qualifies as a resident in India under Section 6. |
| Capital Asset | Includes property of any kind held by an assessee, except certain exclusions. |
| Perquisite | Benefits or amenities provided by an employer to an employee, either free or at a concessional rate. |
| Short-term Capital Asset | A capital asset held for not more than 24 months (12 months for listed securities). |
| Long-term Capital Asset | Any capital asset that is not a short-term capital asset. |
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Structure of the Bill
The Bill is divided into chapters and clauses, covering various aspects of income-tax. Below is a high-level breakdown:
Preliminary
- Clauses 1–3: Defines the scope, applicability, and key terms like "tax year."
Basis of Charge
- Clauses 4–10: Outlines how income-tax is charged, including:
- Scope of total income.
- Rules for residency in India.
- Deemed income (e.g., income from capital assets received from specified entities).
Incomes Not Included in Total Income
- Clauses 11–12: Specifies incomes excluded from total income, such as:
- Agricultural income.
- Income of political parties and electoral trusts (subject to conditions).
Computation of Total Income
Income is classified under five heads:
1. Salaries
- Includes perquisites, profits in lieu of salary, and deductions (e.g., standard deduction, gratuity).
2. Income from House Property
- Annual value of property is taxable, with deductions for taxes paid.
3. Profits and Gains of Business or Profession
- Deductions allowed for expenses like rent, repairs, insurance, and employee welfare contributions.
4. Capital Gains
- Taxable on transfer of capital assets, with exemptions for reinvestment in certain cases.
5. Income from Other Sources
- Includes dividends, interest, and other residual incomes.
Special Provisions
- Clauses 96–105: Covers income of other persons included in the assessee's total income (e.g., spouse, minor child).
- Clauses 158–177: Includes provisions for double taxation relief, avoidance of tax through international transactions, and General Anti-Avoidance Rules (GAAR).
Assessment and Recovery
- Clauses 270–301: Details procedures for assessment, reassessment, and recovery of tax.
- Clauses 390–394: Discusses tax deduction at source (TDS) and collection at source (TCS).
Appeals and Dispute Resolution
- Clauses 365–389: Outlines mechanisms for appeals to higher authorities, including the High Court and Supreme Court.
- Includes provisions for advance rulings and dispute resolution committees.
Miscellaneous
- Clauses 499–536: Covers miscellaneous topics such as:
- Avoidance of repetitive appeals.
- Power to make rules and issue notifications.
- Repeal of old provisions and savings.
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Key Highlights
Exemptions and Deductions
- Exempt Incomes: Specified in Schedules II to VIII (e.g., agricultural income, income of charitable institutions).
- Deductions Allowed:
- Standard deduction for salaried individuals (₹75,000 or ₹50,000, depending on the case).
- Contributions to provident funds, gratuity funds, and pension schemes.
- Insurance premiums and repairs for business assets.
Taxation of Perquisites
- Includes benefits like rent-free accommodation, concessional loans, and stock options.
- Valuation methods prescribed for determining taxable perquisites.
Special Provisions for Certain Entities
- Political Parties and Electoral Trusts: Income exempt if conditions are met.
- Shipping Companies: Eligible for tonnage tax scheme.
- Non-Profit Organizations: Taxed on specific income streams (e.g., regular income, accumulated income).
Anti-Avoidance Measures
- General Anti-Avoidance Rule (GAAR): Applicable to impermissible avoidance arrangements.
- Transfer Pricing: Requires arm’s length pricing for international and specified domestic transactions.
Digital Assets
- Crypto-assets: Defined broadly to include digital representations of value, non-fungible tokens (NFTs), and other digital assets.
- Taxable under specific provisions.
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Important Dates
| Event | Date |
|------------------------------------|--------------------|
| Introduction in Lok Sabha | 2025 |
| Effective Date | April 1, 2026 |
| Deadline for Issuing Guidelines | April 1, 2028 |
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Schedules
The Bill includes multiple schedules that provide detailed rules and exemptions:
- Schedule II–VIII: Lists incomes exempt from tax and conditions for exemption.
- Schedule IX–XVI: Contains additional provisions, such as rates of depreciation and rules for specific entities.
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The Income-Tax Bill, 2025, aims to modernize and streamline India’s tax framework. It introduces new provisions for digital assets, strengthens anti-avoidance measures, and simplifies compliance for taxpayers. The structured approach ensures clarity and fairness in tax administration.
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