Full Text
REGISTERED NO. DL—(N)04/0007/2003—25
The Gazette of India
CG-DL-E-06022025-260786
PART II — Section 2
PUBLISHED BY AUTHORITY
No. 03] NEW DELHI, SATURDAY, FEBRUARY 1, 2025/MAGHA 12, 1946 (SAKA)
Separate paging is given to this Part in order that it may be filed as a separate compilation.
LOK SABHA
————
The following Bill was introduced in Lok Sabha on 1st February, 2025:—
BILL NO. 14 OF 2025
THE FINANCE BILL, 2025
A Bill to give effect to the financial proposals of the Central Government for the financial
year 2025-2026.
BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Finance Act, 2025.
(2) Save as otherwise provided in this Act,—
(a) sections 2 to 86, 99 to 115, 120 and 131 shall come into force on the
1st day of April, 2025;
(b) sections 116 to 119 and sections 121 to 129 shall come into force on
such date as the Central Government may, by notification in the Official Gazette,
appoint.
CHAPTER II
RATES OF INCOME-TAX
2. (1) Subject to the provisions of sub-sections (2) and (3), for the assessment year
commencing on the 1st April, 2025, income-tax shall be charged at the rates specified in
Part I of the First Schedule and such tax shall be increased by a surcharge, of the purposes
of the Union, calculated in each case in the manner provided therein.
Short title and
commencement.
Income-tax.
THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(2) In the cases to which Paragraph A of Part I of the First
Schedule applies, or in the cases where income is chargeable to
tax under sub-section (1A) of section 115BAC of the Income-
tax Act, 1961 (hereinafter referred to as the Income-tax Act)
and, where the assessee has, in the previous year, any net
agricultural income exceeding five thousand rupees, in addition
to total income, and the total income exceeds two lakh fifty
thousand rupees, then,—
(a) the net agricultural income shall be taken into
account, in the manner provided in clause (b) that is to say,
as if the net agricultural income were comprised in the total
income after the first two lakh fifty thousand rupees of the
total income but without being liable to tax), only for the
purpose of charging income-tax in respect of the total
income; and
(b) the income-tax chargeable shall be computed as
follows:—
(i) the total income and the net agricultural income
shall be aggregated and the amount of income-tax shall
be determined in respect of the aggregate income at the
rates specified in the said Paragraph A or sub-section
(1A) of section 115BAC, as if such aggregate income
were the total income;
(ii) the net agricultural income shall be increased by
a sum of two lakh fifty thousand rupees, and the amount
of income-tax shall be determined in respect of the net
agricultural income as so increased at the rates specified
in the said Paragraph A or sub-section (1A) of section
115BAC, as if the net agricultural income as so increased
were the total income;
(iii) the amount of income-tax determined as per sub-
clause (i) shall be reduced by the amount of income-tax
determined as per sub-clause (ii) and the sum so arrived
at shall be the income-tax in respect of the total income:
Provided that in the case of every individual, being a
resident in India, who is of the age of sixty years or more but
less than eighty years at any time during the previous year,
referred to in item (II) of Paragraph A of Part I of the First
Schedule, the provisions of this sub-section shall have effect
as if for the words "two lakh fifty thousand rupees", the
words "three lakh rupees" had been substituted:
Provided further that in the case of every individual,
being a resident in India, who is of the age of eighty years or
43 of 1961.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3
more at any time during the previous year, referred to in item
(III) of Paragraph A of Part I of the First Schedule, the
provisions of this sub-section shall have effect as if for the
words "two lakh fifty thousand rupees", the words "five lakh
rupees" had been substituted:
Provided also that in the cases where income is
chargeable to tax under sub-section (1A) of section 115BAC
of the Income-tax Act, the provisions of this sub-section
shall have effect as if for the words "two lakh fifty thousand
rupees", the words "three lakh rupees" had been substituted.
(3) In cases to which the provisions of Chapter XII or
Chapter XII-A or section 115JB or section 115JC or Chapter
XII-FA or Chapter XII-FB or sub-section (1A) of section 161
or section 164 or section 164A or section 167B of the Income-
tax Act apply, the tax chargeable shall be determined as
provided in that Chapter or that section, and with reference to
the rates imposed by sub-section (1) or the rates as specified in
that Chapter or section, as the case may be:
Provided that the amount of income-tax computed as per
the provisions of section 111A or section 112 or section 112A
of the Income-tax Act shall be increased by a surcharge, for the
purposes of the Union, as provided in Paragraph A, B, C, D or
E, as the case may be, of Part I of the First Schedule, except in
case of a domestic company where income is chargeable to tax
under section 115BAA or section 115BAB of the Income-tax
Act or in case of an individual or Hindu undivided family or
association of persons or body of individuals, whether
incorporated or not, or every artificial juridical person referred to
in sub-clause (vii) of clause (31) of section 2 of the Income-tax
Act whose income is chargeable to tax under sub-section (1A)
of section 115BAC of the Income-tax Act or in case of co-
operative society resident in India, whose income is chargeable
to tax under section 115BAD or 115BAE of the Income-tax
Act:
Provided further that in respect of any income chargeable
to tax under sections 115A, 115AB, 115AC, 115ACA, 115AD,
115B, 115BA, 115BB, 115BBA, 115BBB, 115BBC, 115BBG,
115BBH, 115BBI, 115BBJ, 115E, 115JB or 115JC of the
Income-tax Act, the amount of income-tax computed under this
sub-section shall be increased by a surcharge, for the purposes
of the Union, calculated,—
(a) in the case of every individual or Hindu undivided
family or association of persons except in a case of an
association of persons consisting of only companies as its
members, or body of individuals, whether incorporated or
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
not, or every artificial juridical person referred to in sub-
clause (vii) of clause (31) of section 2 of the Income-tax
Act, not having any income under section 115AD of the Income-
tax Act, and not having any income chargeable to tax under
sub-section (1A) of section 115BAC of the Income-tax
Act,—
(i) having a total income exceeding fifty lakh rupees
but not exceeding one crore rupees, at the rate of ten per
cent. of such income-tax;
(ii) having a total income exceeding one crore rupees,
but not exceeding two crore rupees, at the rate of fifteen
per cent. of such income-tax;
(iii) having a total income exceeding two crore rupees,
but not exceeding five crore rupees, at the rate of twenty-
five per cent. of such income-tax; and
(iv) having a total income exceeding five crore rupees,
at the rate of thirty-seven per cent. of such income-tax;
(b) in the case of every individual or association of
persons, except in a case of an association of persons
consisting of only companies as its members, or body of
individuals, whether incorporated or not, or every artificial
juridical person referred to in sub-clause (vii) of clause (31)
of section 2 of the Income-tax Act, having income under
section 115AD of the Income-tax Act, and not having any
income chargeable to tax under sub-section (1A) of section
115BAC of the Income-tax Act,—
(i) having a total income exceeding fifty lakh rupees
but not exceeding one crore rupees, at the rate of ten per
cent. of such income-tax;
(ii) having a total income exceeding one crore rupees,
but not exceeding two crore rupees, at the rate of fifteen
per cent. of such income-tax;
(iii) having a total income [excluding the income by
way of dividend or income of the nature referred to in
clause (b) of sub-section (1) of section 115AD of the
Income-tax Act] exceeding two crore rupees but not
exceeding five crore rupees, at the rate of twenty-five per
cent. of such income-tax; and
(iv) having a total income [excluding the income by
way of dividend or income of the nature referred to in
clause (b) of sub-section (1) of section 115AD of the
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5
Income-tax Act] exceeding five crore rupees, at the rate
of thirty-seven per cent. of such income-tax;
(v) having a total income [including the income by
way of dividend or income of the nature referred to in
clause (b) of sub-section (1) of section 115AD of the
Income-tax Act] exceeding two crore rupees, but is not
covered in sub-clauses (iii) and (iv), at the rate of fifteen
per cent. of such income-tax:
Provided that in case where the total income includes
any income by way of dividend or income chargeable under
clause (b) of sub-section (1) of section 115AD of the
Income-tax Act, the rate of surcharge on the income-tax
calculated on that part of income shall not exceed fifteen per
cent.;
(c) in the case of an association of persons consisting of
only companies as its members,—
(i) at the rate of ten per cent. of such income-tax,
where the total income exceeds fifty lakh rupees but does
not exceed one crore rupees;
(ii) at the rate of fifteen per cent. of such income-tax,
where the total income exceeds one crore rupees;
(d) in the case of every co-operative society except a co-
operative society whose income is chargeable to tax under
section 115BAD or section 115BAE of the Income-tax
Act,—
(i) at the rate of seven per cent. of such income-tax,
where the total income exceeds one crore rupees but
does not exceed ten crore rupees;
(ii) at the rate of twelve per cent. of such income-
tax, where the total income exceeds ten crore rupees;
(e) in the case of every firm or local authority, at the rate
of twelve per cent. of such income-tax, where the total
income exceeds one crore rupees;
(f) in the case of every domestic company whose
income is chargeable to tax under section 115BAA or section
115BAB of the Income-tax Act,—
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(i) at the rate of seven per cent. of such income-tax,
where the total income exceeds one crore rupees but
does not exceed ten crore rupees;
(ii) at the rate of twelve per cent. of such income-tax,
where the total income exceeds ten crore rupees;
(g) in the case of every company, other than a domestic
company,—
(i) at the rate of two per cent. of such income-tax, where
the total income exceeds one crore rupees but does not
exceed ten crore rupees;
(ii) at the rate of five per cent. of such income-tax,
where the total income exceeds ten crore rupees:
Provided also that in the case of persons mentioned in (a)
and (b) above, having total income chargeable to tax under
section 115JC of the Income-tax Act, and such income
exceeds,—
(i) fifty lakh rupees but does not exceed one crore rupees,
the total amount payable as income-tax and surcharge
thereon shall not exceed the total amount payable as income-
tax on a total income of fifty lakh rupees by more than the
amount of income that exceeds fifty lakh rupees;
(ii) one crore rupees but does not exceed two crore
rupees, the total amount payable as income-tax and
surcharge thereon shall not exceed the total amount payable
as income-tax and surcharge on a total income of one crore
rupees by more than the amount of income that exceeds one
crore rupees;
(iii) two crore rupees but does not exceed five crore
rupees, the total amount payable as income-tax and
surcharge thereon shall not exceed the total amount payable
as income-tax and surcharge on a total income of two crore
rupees by more than the amount of income that exceeds two
crore rupees;
(iv) five crore rupees, the total amount payable as
income-tax and surcharge thereon shall not exceed the total
amount payable as income-tax and surcharge on a total
income of five crore rupees by more than the amount of
income that exceeds five crore rupees:
Provided also that in the case of association of persons
mentioned in (c) above, having total income chargeable to
tax under section 115JC of the Income-tax Act, and such
income exceeds,—
(i) fifty lakh rupees but does not exceed one crore rupees,
the total amount payable as income-tax and surcharge
thereon shall not exceed the total amount payable as income-
tax on a total income of fifty lakh rupees by more than the
amount of income that exceeds fifty lakh rupees;
(ii) one crore rupees but does not exceed ten crore
rupees, the total amount payable as income-tax and
surcharge thereon shall not exceed the total amount payable
as income-tax and surcharge on a total income of one crore
rupees by more than the amount of income that exceeds ten
crore rupees;
(iii) ten crore rupees, the total amount payable as income-
tax and surcharge thereon shall not exceed the total amount
payable as income-tax and surcharge on a total income of
ten crore rupees by more than the amount of income that
exceeds ten crore rupees:
Provided also that in the case of co-operative society
mentioned in (d) above, having total income chargeable to
tax under section 115JC of the Income-tax Act, and such
income exceeds,—
(i) one crore rupees, the total amount payable as income-
tax and surcharge thereon shall not exceed the total amount
payable as income-tax and surcharge on a total income of
one crore rupees by more than the amount of income that
exceeds one crore rupees:
Provided also that in the case of firm or local authority
mentioned in (e) above, having total income chargeable to
tax under section 115JC of the Income-tax Act, and such
income exceeds one crore rupees, the total amount payable
as income-tax and surcharge thereon shall not exceed the
total amount payable as income-tax and surcharge on a total
income of one crore rupees by more than the amount of
income that exceeds one crore rupees:
Provided also that in the case of every company having
total income chargeable to tax under section 115JB of the
Income-tax Act, and such income exceeds ten crore rupees,
the total amount payable as income-tax and surcharge
thereon shall not exceed the total amount payable as income-
tax and surcharge on a total income of ten crore rupees by
more than the amount of income that exceeds ten crore
rupees;
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7
8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Provided also that in the case of every company having
total income chargeable to tax under section 115JB of the
Income-tax Act, and such income exceeds ten crore rupees,
the total amount payable as income-tax and surcharge
thereon shall not exceed the total amount payable as income-
tax and surcharge on a total income of ten crore rupees by
more than the amount of income that exceeds ten crore
rupees;
Provided also that in respect of any income chargeable
to tax under clause (i) of sub-section (1) of section 115BBE
of the Income-tax Act, the income-tax computed under this
sub-section shall be increased by a surcharge, for the purposes
of the Union, calculated at the rate of twenty-five per cent.
of such income-tax;
Provided also that in case of every domestic company
whose income is chargeable to tax under section 115BAA or
section 115BAB of the Income-tax Act, the income-tax
computed under this sub-section shall be increased by a surcharge, for the purposes
of the Union, calculated at the rate of ten per cent. of such
income-tax;
Provided also that in respect of income chargeable to
tax under section 115BBG of the Income-tax Act, the
income-tax computed under this sub-section shall be
increased by a surcharge, for the purposes of the Union,
calculated, in the case of an individual or Hindu undivided
family or association of persons or body of individuals, whether
incorporated or not, or every artificial juridical person referred
to in sub-clause (vii) of clause (31) of section 2 of the Income-
tax Act,—
(i) having a total income (including the income by
way of dividend or income under the provisions of sections
111A, 112 and 112A of the Income-tax Act) exceeding fifty
lakh rupees but not exceeding one crore rupees, at the rate of
ten per cent. of such income-tax;
(ii) having a total income (including the income by
way of dividend or income under the provisions of sections
111A, 112 and 112A of the Income-tax Act) exceeding one
crore rupees but not exceeding two crore rupees, at the rate
of fifteen per cent. of such income-tax;
(iii) having a total income (excluding the income by
way of dividend or income under the provisions of sections
111A, 112 and 112A of the Income-tax Act) exceeding two
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9
crore rupees, at the rate of twenty-five per cent. of such
income-tax; and
(iv) having a total income (including the income by
way of dividend or income under the provisions of sections
111A, 112 and 112A of the Income-tax Act) exceeding five
crore rupees, at the rate of thirty-seven per cent. of such
income-tax;
Provided also that in case where the provisions of sub-
section (1A) of section 115BAC are applicable and the total
income includes any income by way of dividend or income
chargeable under sections 111A, 112 and 112A of the Income-
tax Act, the rate of surcharge on the income-tax computed
on that part of income shall not exceed fifteen per cent.;
Provided also that in case of an association of persons
consisting of only companies as its members, and having its
income chargeable to tax under sub-section (1A) of section
115BAC, the rate of surcharge on the income-tax shall not
exceed fifteen per cent.:
Provided also that in case of every individual or Hindu
undivided family or association of persons, or body of
individuals, whether incorporated or not, or every artificial
juridical person referred to in sub-clause (vii) of clause (31)
of section 2 of the Income-tax Act, having income
chargeable to tax under sub-section (1A) of section 115BAC
of the Income-tax Act, and such income exceeds,—
(i) fifty lakh rupees but does not exceed one crore
rupees, the total amount payable as income-tax and
surcharge thereon shall not exceed the total amount payable
as income-tax on such income and surcharge on a total
income of fifty lakh rupees by more than the amount of
income that exceeds fifty lakh rupees;
(ii) one crore rupees but does not exceed two crore
rupees, the total amount payable as income-tax and
surcharge thereon shall not exceed the total amount payable
as income-tax and surcharge on such income and surcharge
on a total income of one crore rupees by more than the
amount of income that exceeds one crore rupees;
(iii) two crore rupees but does not exceed five crore
rupees, the total amount payable as income-tax and
surcharge thereon shall not exceed the total amount payable
as income-tax and surcharge on such income and surcharge
on a total income of two crore rupees by more than the
amount of income that exceeds two crore rupees;
10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Provided also that in case of every co-operative society
resident in India, whose income is chargeable to tax under
section 115BAD or section 115BAE of the Income-tax Act, the
income-tax computed under this sub-section shall be
increased by a surcharge, for the purposes of the Union, calculated at the
rate of ten per cent. of such income-tax;
Provided also that in the case of a specified fund, referred
to in clause (c) of the Explanation to clause (4D) of section 10
of the Income-tax Act, whose income includes any income
under clause (a) of sub-section (1) of section 115AD of the Income-
tax Act, the income-tax computed on that part of income shall
not be increased by any surcharge.
(4) In cases in which tax has to be charged and paid under
sub-section (2A) of section 92CE or section 115QA or section
115TD of the Income-tax Act, the tax shall be charged and paid
at the rates as specified in those sections and shall be increased
by a surcharge, for the purposes of the Union, calculated at the
rate of twelve per cent. of such tax.
(5) In cases in which tax has to be deducted under sections
193, 194, 194A, 194B, 194BA, 194BB, 194D, 194LBA, 194LBB,
194LBC and 195 of the Income-tax Act, at the rates in force,
the deductions shall be made at the rates specified in Part II of
the First Schedule and shall be increased by a surcharge, for the
purposes of the Union, calculated in cases wherever prescribed,
in the manner provided therein.
(6) In cases in which tax has to be deducted under sections
192A, 194, 194C, 194DA, 194EE, 194F, 194G, 194H, 194-I,
194-IA, 194-IB, 194-IC, 194J, 194LA, 194LB, 194LBA,
194LBB, 194LBC, 194LC, 194LD, 194K, 194N, 194M, 194-
O, 194Q, 194R, 194S, 194T, 196A, 196B, 196C and 196D of
the Income-tax Act, the deductions shall be made at the rates
specified in those sections and shall be increased by a
surcharge, for the purposes of the Union,—
(a) in the case of every individual or Hindu undivided
family or association of persons, except in case of an
association of persons consisting of only companies as its
members, or body of individuals, whether incorporated or
not, or every artificial juridical person referred to in sub-
clause (vii) of clause (31) of section 2 of the Income-tax Act,
being a non-resident except in case of deduction on income
by way of dividend under section 196D of the Income-tax
Act, calculated,—
(i) at the rate of ten per cent. of such tax, where the
income or the aggregate of such incomes paid or likely
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11
to be paid and subject to the deduction exceeds fifty lakh
rupees but does not exceed one crore rupees;
(ii) at the rate of fifteen per cent. of such tax, where
the income or the aggregate of such incomes paid or likely
to be paid and subject to the deduction exceeds one
crore rupees but does not exceed two crore rupees;
(iii) at the rate of twenty-five per cent. of such tax,
where the income or the aggregate of such incomes paid
or likely to be paid and subject to the deduction exceeds
two crore rupees but does not exceed five crore rupees;
(iv) at the rate of thirty-seven per cent. of such tax,
where the income or the aggregate of such incomes paid
or likely to be paid and subject to the deduction exceeds
five crore rupees;
Provided that where the income of such person is
chargeable to tax under sub-section (1A) of section 115BAC
of the Income-tax Act, the rate of surcharge shall not exceed
twenty-five per cent.;
(b) in the case of every individual or Hindu undivided
family or association of persons except in case of an
association of persons consisting of only companies as its
members, or body of individuals, whether incorporated or
not, or every artificial juridical person referred to in sub-
clause (vii) of clause (31) of section 2 of the Income-tax Act,
being a non- resident, in case of deduction on income by way
of dividend under section 196D of the Act, calculated,—
(i) at the rate of ten per cent. of such tax, where the
income or the aggregate of such incomes paid or likely
to be paid and subject to the deduction exceeds fifty lakh
rupees but does not exceed one crore rupees;
(ii) at the rate of fifteen per cent. of such tax, where
the income or the aggregate of such incomes paid or likely
to be paid and subject to the deduction exceeds one
crore rupees;
(c) in the case of an association of persons being a non-
resident, and consisting of only companies as its members,
calculated,—
(i) at the rate of ten per cent. of such tax, where the
income or the aggregate of such incomes paid or likely
to be paid and subject to the deduction exceeds fifty lakh
rupees but does not exceed one crore rupees;
12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(ii) at the rate of fifteen per cent. of such tax, where
the income or the aggregate of such incomes paid or likely
to be paid and subject to the deduction exceeds one
crore rupees;
(d) in the case of every co-operative society, being a non-
resident, calculated,—
(i) at the rate of seven per cent. of such tax, where the
income or the aggregate of such incomes paid or likely
to be paid and subject to the deduction exceeds one
crore rupees but does not exceed ten crore rupees;
(ii) at the rate of twelve per cent. of such tax, where
the income or the aggregate of such incomes paid or likely
to be paid and subject to the deduction exceeds ten
crore rupees;
(e) in the case of every firm, being a non-resident,
calculated at the rate of twelve per cent. of such tax, where
the income or the aggregate of such incomes paid or likely
to be collected and subject to the deduction exceeds one
crore rupees;
(f) in the case of every company, other than a domestic
company, calculated,—
(i) at the rate of two per cent. of such tax, where the
income or the aggregate of such amounts collected or
likely to be collected and subject to the deduction exceeds
one crore rupees but does not exceed ten crore rupees;
(ii) at the rate of five per cent. of such tax, where the
income or the aggregate of such amounts collected or
likely to be collected and subject to the deduction exceeds
ten crore rupees.
(7) In cases in which tax has to be collected under section
194B of the Income-tax Act, the collection shall be made at the
rates specified in Part II of the First Schedule, and the collection
shall be increased by a surcharge, for the purposes of the
Union, calculated, in cases wherever prescribed, in the manner
provided therein.
(8) In cases in which tax has to be collected under section
206C of the Income-tax Act, the collection shall be made at the
rates specified in that section and shall be increased by a
surcharge, for the purposes of the Union,—
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13
(a) in the case of every individual or Hindu undivided
family or association of persons, except in case of an
association of persons consisting of only companies as its
members, or body of individuals, whether incorporated or
not, or every artificial juridical person referred to in sub-
clause (vii) of clause (31) of section 2 of the Income-tax Act,
being a non-resident, and consisting of only companies as its
members, calculated,—
(i) at the rate of ten per cent. of such tax, where the
amount or the aggregate of such amounts collected or
likely to be collected and subject to the collection
exceeds fifty lakh rupees but does not exceed one crore
rupees;
(ii) at the rate of fifteen per cent. of such tax, where
the amount or the aggregate of such amounts collected
or likely to be collected and subject to the collection
exceeds one crore rupees but does not exceed two crore
rupees;
(iii) at the rate of twenty-five per cent. of such tax,
where the amount or the aggregate of such amounts
collected or likely to be collected and subject to the
collection exceeds two crore rupees but does not exceed
five crore rupees;
(iv) at the rate of thirty-seven per cent. of such tax,
where the amount or the aggregate of such amounts
collected or likely to be collected and subject to the
collection exceeds five crore rupees;
Provided that where the income of such person is
chargeable to tax under sub-section (1A) of section 115BAC
of the Income-tax Act, the rate of surcharge shall not exceed
twenty-five per cent.;
(b) in the case of an association of persons, being a non-
resident, and consisting of only companies as its
members, calculated,—
(i) at the rate of ten per cent. of such tax, where the
amount or the aggregate of such amounts collected or
likely to be collected and subject to the collection
exceeds fifty lakh rupees but does not exceed one crore
rupees;
(ii) at the rate of fifteen per cent. of such tax, where
the amount or the aggregate of such amounts collected
or likely to be collected and subject to the collection
exceeds one crore rupees;
14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(c) in the case of every co-operative society, being a non-
resident, calculated,—
(i) at the rate of seven per cent. of such tax, where the
amount or the aggregate of such amounts collected or
likely to be collected and subject to the collection
exceeds one crore rupees but does not exceed ten crore
rupees;
(ii) at the rate of twelve per cent. of such tax, where
the amount or the aggregate of such amounts collected
or likely to be collected and subject to the collection
exceeds ten crore rupees;
(d) in the case of every firm, being a non-resident,
calculated at the rate of twelve per cent. of such tax, where
the amount or the aggregate of such amounts collected or
likely to be collected and subject to the collection exceeds
one crore rupees;
(e) in the case of every company, other than a domestic
company, calculated,—
(i) at the rate of two per cent. of such tax, where the
amount or the aggregate of such amounts collected or
likely to be collected and subject to the collection
exceeds one crore rupees but does not exceed ten crore
rupees;
(ii) at the rate of five per cent. of such tax, where the
amount or the aggregate of such amounts collected or
likely to be collected and subject to the collection
exceeds ten crore rupees.
(9) Subject to the provisions of sub-section (10), in cases
in which income-tax has to be charged under sub-section (4) of
section 172 of the Income-tax Act or section 174 or section 174A
or section 175 or sub-section (2) of section 176 of the Income-tax
Act or deducted from, or paid on, income chargeable under the
head "Salaries" under section 192 of the said Act or deducted
under section 194P of the said Act or in which the "advance tax"
payable under Chapter XVII-C of the said Act has to be
computed at the rate or rates in force, such income-tax or, as the
case may be, "advance tax" shall be charged, deducted or
computed at the rate or rates specified in Part III of the First
Schedule and such tax shall be increased by a surcharge, for the
purposes of the Union, calculated in such cases and in such
manner as provided therein:
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15
Provided that in cases to which the provisions of Chapter XII
or Chapter XII-A or section 115JB or section 115JC or Chapter
XII-FA or Chapter XII-FB or sub-section (1A) of section 161
or section 164 or section 164A or section 167B of the Income-
tax Act apply, "advance tax" shall be computed with reference
to the rates imposed by this sub-section or the rates as specified
in that Chapter or section, as the case may be:
Provided further that the amount of "advance tax" computed
as per the provisions of section 111A or section 112 or section
112A of the Income-tax Act shall be increased by a surcharge,
for the purposes of the Union, as provided in Paragraph A, B,
C, D or E, as the case may be, of Part III of the First Schedule
except in case of a domestic company whose income is
chargeable to tax under section 115AA or section 115BAB of
the Income-tax Act or in case of an individual or Hindu
undivided family or association of persons, or body of
individuals, whether incorporated or not, or an artificial
juridical person referred to in sub-clause (vii) of clause (31) of
section 2 of the Income-tax Act whose income is chargeable to
tax under sub-section (1A) of section 115BAC of the Income-
tax Act or in case of a co-operative society resident in India
whose income is chargeable to tax under section 115BAD or
115BAE of the Income-tax Act;
Provided also that in respect of any income chargeable to
tax under sections 115A, 115AB, 115AC, 115ACA, 115AD,
115B, 115BA, 115BB, 115BBA, 115BBB, 115BBC, 115BBG,
115BBH, 115BBI, 115BBJ, 115E, 115JB or 115JC of the
Income-tax Act, "advance tax" computed as per the first
proviso shall be increased by a surcharge, for the purposes of
the Union, calculated,—
(a) in the case of every individual or Hindu undivided
family or association of persons, except in a case of an
association of persons consisting of only companies as its
members, or body of individuals, whether incorporated or
not, or every artificial juridical person referred to in sub-
clause (vii) of clause (31) of section 2 of the Income-tax
Act, and not having any income under section 115AD of the Income-
tax Act, and not having any income chargeable to tax under
sub-section (1A) of section 115BAC of the Income-tax
Act,—
(i) at the rate of ten per cent. of such "advance tax",
where the total income exceeds fifty lakh rupees but does
not exceed one crore rupees;
16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(ii) at the rate of fifteen per cent. of such "advance
tax", where the total income exceeds one crore rupees
but does not exceed two crore rupees;
(iii) at the rate of twenty-five per cent. of such
"advance tax", where the total income exceeds two crore
rupees but does not exceed five crore rupees;
(iv) at the rate of thirty-seven per cent. of such
"advance tax", where the total income exceeds five crore
rupees;
(b) in the case of every individual or association of
persons, except in the case of an association of persons
consisting of only companies as its members, or body of
individuals, whether incorporated or not, or every artificial
juridical person referred to in sub-clause (vii) of clause (31)
of section 2 of the Income-tax Act, having income
chargeable to tax under sub-section (1A) of section
115BAC of the Income-tax Act, and not having any income
chargeable to tax under sub-section (1A) of section
115BAC of the Income-tax Act,—
(i) at the rate of ten per cent. of such "advance tax",
where the total income exceeds fifty lakh rupees, but
does not exceed one crore rupees;
(ii) at the rate of fifteen per cent. of such "advance
tax", where the total income exceeds one crore rupees
but does not exceed two crore rupees;
(iii) at the rate of twenty-five per cent. of such
"advance tax", where the total income [excluding the
income by way of dividend or income of the nature
referred to in clause (b) of sub-section (1) of section 115AD
of the Income-tax Act] exceeds two crore rupees but
does not exceed five crore rupees;
(iv) at the rate of thirty-seven per cent. of such
"advance tax", where the total income [excluding the
income by way of dividend or income of the nature
referred to in clause (b) of sub-section (1) of section 115AD
of the Income-tax Act] exceeds five crore rupees;
(v) at the rate of fifteen per cent. of such "advance
tax", where the total income [including the income by
way of dividend or income of the nature referred to in
clause (b) of sub-section (1) of section 115AD of the
Income-tax Act] exceeds two crore rupees but is not
covered in sub-clauses (iii) and (iv);
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 17
Provided that in case where the total income includes
any income by way of dividend or income chargeable
under clause (b) of sub-section (1) of section 115AD of
the Income-tax Act, the rate of surcharge on the advance
tax computed on that part of income shall not exceed
fifteen per cent.;
(c) in the case of an association of persons consisting of
only companies as its members,—
(i) at the rate of ten per cent. of "advance tax", where
the total income exceeds fifty lakh rupees;
(ii) at the rate of fifteen per cent. of such "advance
tax", where the total income exceeds one crore rupees;
(d) in the case of every co-operative society except
co-operative society whose income is chargeable to tax
under section 115BAD or section 115BAE of the Income-
tax Act,—
(i) at the rate of seven per cent. of "advance tax",
where the total income exceeds one crore rupees but
does not exceed ten crore rupees;
(ii) at the rate of twelve per cent. of such "advance
tax", where the total income exceeds ten crore rupees;
(e) in the case of every firm or local authority at the rate
of twelve per cent. of such "advance tax", where the total
income exceeds one crore rupees;
(f) in the case of every domestic company except such
domestic company whose income is chargeable to tax under
section 115BAA or section 115BAB of the Income-tax
Act,—
(i) at the rate of seven per cent. of such "advance
tax", where the total income exceeds one crore rupees
but does not exceed ten crore rupees;
(ii) at the rate of twelve per cent. of such "advance
tax", where the total income exceeds ten crore rupees;
(g) in the case of every company, other than a domestic
company,—
18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(i) at the rate of two per cent. of such "advance tax",
where the total income exceeds one crore rupees but
does not exceed ten crore rupees;
(ii) at the rate of five per cent. of such "advance tax",
where the total income exceeds ten crore rupees:
Provided also that in the case of persons mentioned in
(a) and (b) above, having total income chargeable to tax
under section 115JC of the Income-tax Act, and such
income exceeds,—
(i) fifty lakh rupees but does not exceed one crore
rupees, the total amount payable as "advance tax" on such
income and surcharge thereon shall not exceed the total
amount payable as "advance tax" on a total income of fifty
lakh rupees by more than the amount of income that exceeds
fifty lakh rupees;
(ii) one crore rupees but does not exceed two crore
rupees, the total amount payable as "advance tax" on such
income and surcharge thereon shall not exceed the total
amount payable as "advance tax" and surcharge on a total
income of one crore rupees by more than the amount of
income that exceeds one crore rupees;
(iii) two crore rupees but does not exceed five crore
rupees, the total amount payable as "advance tax" on such
income and surcharge thereon shall not exceed the total
amount payable as "advance tax" and surcharge on a total
income of two crore rupees by more than the amount of
income that exceeds two crore rupees;
(iv) five crore rupees, the total amount payable as
"advance tax" on such income and surcharge thereon shall
not exceed the total amount payable as "advance tax" and
surcharge on a total income of five crore rupees by more
than the amount of income that exceeds five crore rupees:
Provided also that in the case of association of persons
mentioned in (c) above, having total income chargeable to
tax under section 115JC of the Income-tax Act, and such
income exceeds,—
(i) fifty lakh rupees but does not exceed one crore
rupees, the total amount payable as "advance tax" on such
income and surcharge thereon shall not exceed the total
amount payable as "advance tax" on a total income of fifty
lakh rupees by more than the amount of income that exceeds
fifty lakh rupees;
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 19
(ii) one crore rupees but does not exceed ten crore
rupees, the total amount payable as "advance tax" on such
income and surcharge thereon shall not exceed the total
amount payable as "advance tax" and surcharge on a total
income of one crore rupees by more than the amount of
income that exceeds ten crore rupees;
(iii) ten crore rupees, the total amount payable as
"advance tax" on such income and surcharge thereon shall
not exceed the total amount payable as "advance tax" and
surcharge on a total income of ten crore rupees by more
than the amount of income that exceeds ten crore rupees:
Provided also that in the case of co-operative society
mentioned in (d) above, having total income chargeable to
tax under section 115JC of the Income-tax Act, and such
income exceeds one crore rupees, the total amount payable
as "advance tax" on such income and surcharge thereon, shall
not exceed the total amount payable as "advance tax" and
surcharge on a total income of one crore rupees by more
than the amount of income that exceeds one crore rupees:
Provided also that in the case of firm or local authority
mentioned in (e) above, having total income chargeable to
tax under section 115JC of the Income-tax Act, and such
income exceeds one crore rupees, the total amount payable
as "advance tax" on such income and surcharge thereon, shall
not exceed the total amount payable as "advance tax" and
surcharge on a total income of one crore rupees by more
than the amount of income that exceeds one crore rupees:
Provided also that in the case of every company having
total income chargeable to tax under section 115JB of the
Income-tax Act, and such income exceeds ten crore rupees,
the total amount payable as "advance tax" on such income
and surcharge thereon, shall not exceed the total amount
payable as "advance tax" and surcharge on a total income
of ten crore rupees by more than the amount of income that
exceeds ten crore rupees.
20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
of ten crore rupees by more than the amount of income that
exceeds ten crore rupees;
Provided also that in respect of any income chargeable
to tax under clause (i) of sub-section (1) of section 115BBE
of the Income-tax Act, the "advance tax" computed as per the
first proviso shall be increased by a surcharge, for the purposes
of the Union, calculated at the rate of twenty-five per cent.
of such "advance tax";
Provided also that in case of every domestic company
whose income is chargeable to tax under section 115BAA or
section 115BAB of the Income-tax Act, the "advance tax"
computed as per the first proviso shall be increased by a surcharge, for the first proviso
shall be increased by a surcharge, for the purposes of the
Union, calculated at the rate of ten per cent. of such
"advance tax";
Provided also that in respect of income chargeable to
tax under sub-section (1A) of section 115BAC of the Income-
tax Act, the "advance tax" computed as per the first proviso
shall be increased by a surcharge, for the purposes of the
Union, calculated, in the case of an individual or Hindu
undivided family or association of persons, or body of
individuals, whether incorporated or not, or every artificial
juridical person referred to in sub-clause (vii) of clause (31)
of section 2 of the Income-tax Act,—
(i) having a total income (including the income by
way of dividend or income under the provisions of sections
111A, 112 and 112A of the Income-tax Act) exceeding fifty
lakh rupees but not exceeding one crore rupees, at the rate
of ten per cent. of such "advance-tax";
(ii) having a total income (including the income by
way of dividend or income under the provisions of sections
111A, 112 and 112A of the Income-tax Act) exceeding one
crore rupees but not exceeding two crore rupees, at the rate
of fifteen per cent. of such "advance-tax";
(iii) having a total income (excluding the income by
way of dividend or income under the provisions of sections
111A, 112 and 112A of the Income-tax Act) exceeding two
crore rupees, at the rate of twenty-five per cent. of such
"advance-tax"; and
(iv) having a total income (including the income by
way of dividend or income under the provisions of sections
111A, 112 and 112A of the Income-tax Act) exceeding two
crore rupees, but is not covered
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 21
clause (iii) above, at the rate of fifteen per cent. of such
"advance-tax";
Provided also that in case where the provisions of sub-
section (1A) of section 115BAC are applicable and the total
income includes any income by way of dividend or income
chargeable under sections 111A, 112 and 112A of the Income-
tax Act, the rate of surcharge on the "advance-tax" computed
on that part of income shall not exceed fifteen per cent.:
Provided also that in case of an association of persons
consisting of only companies as its members, and having its
income chargeable to tax under sub-section (1A) of section
115BAC, the rate of surcharge on the "advance-tax" shall not
exceed fifteen per cent.:
Provided also that in case of every individual or Hindu
undivided family or association of persons, or body of
individuals, whether incorporated or not, or every artificial
juridical person referred to in sub-clause (vii) of clause (31)
of section 2 of the Income-tax Act, whose income is
chargeable to tax under sub-section (1A) of section 115BAC
of the Income-tax Act and having total income exceeding
(i) fifty lakh rupees but does not exceed one crore
rupees, the total amount payable as "advance tax" on
such income and surcharge thereon shall not exceed the
total amount payable as "advance tax" on a total income of
fifty lakh rupees by more than the amount of income that
exceeds fifty lakh rupees;
(ii) one crore rupees but does not exceed two crore
rupees, the total amount payable as "advance tax" on
such income and surcharge thereon shall not exceed the
total amount payable as "advance tax" and surcharge on a
total income of one crore rupees by more than the amount
of income that exceeds one crore rupees;
(iii) two crore rupees but does not exceed five crore
rupees, the total amount payable as "advance tax" on
such income and surcharge thereon shall not exceed the
total amount payable as "advance tax" and surcharge on
a total income of two crore rupees by more than the
amount of income that exceeds two crore rupees;
Provided also that in case of every co-operative society
resident in India whose income is chargeable to tax under
section 115BAD or section 115BAE of the Income-tax Act,
the "advance tax" computed as per the first proviso shall be
22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
increased by a surcharge, for the purposes of the Union,
calculated at the rate of ten per cent. of such "advance tax":
Provided also that in the case of a specified fund,
referred to in clause (c) of the Explanation to clause (4D) of
section 10 of the Income-tax Act, whose income includes
any income under clause (a) of sub-section (1) of section
115AD of the Income-tax Act, the advance tax computed
on that part of income shall not be increased by any surcharge.
(10) In cases to which Paragraph A of Part III of the First
Schedule applies, or in cases where income is chargeable to
tax under sub-section (1A) of section 115BAC of the Income-
tax Act where the assessee has, in the previous year, or by virtue
of any provision of the Income-tax Act, income-tax is to be
charged in respect of the income of a period other than the
previous year, in such other period, any net agricultural income
exceeding two lakh fifty thousand rupees, in addition to total
income, and the total income exceeds two lakh fifty thousand rupees,
then, in computing the "advance tax" payable under Chapter
XVII-C of the said Act or in computing the "advance tax" payable
under section 174A or section 175 or sub-section (2) of section 176 of
the said Act or in computing tax, at the rate or rates in force,—
(a) the net agricultural income shall be taken into
account, in the manner provided in clause (b) that is to say,
as if the net agricultural income were comprised in the total
income after the first two lakh fifty thousand rupees of the
total income but without being liable to tax, only for the
purpose of charging or computing such income-tax or, as the
case may be, "advance tax" in respect of the total income;
and
(b) such income-tax or, as the case may be, "advance
tax" shall be so charged or computed as follows:—
(i) the total income and the net agricultural income
shall be aggregated and the amount of income-tax or
"advance tax" shall be determined in respect of the
aggregate income at the rates specified in the said
Paragraph A, or sub-section (1A) of section 115BAC, as
if such aggregate income were the total income;
(ii) the net agricultural income shall be increased by
a sum of two lakh fifty thousand rupees and the amount
of income-tax or "advance tax" shall be determined in
respect of the net agricultural income as so increased at
the rates specified in the said Paragraph A, or sub-section
(1A) of section 115BAC, as if the net agricultural income
were the total income;
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 23
(iii) the amount of income-tax or "advance tax"
determined as per sub-clause (i) shall be reduced by the
amount of income-tax or "advance tax" determined as per
sub-clause (ii) and the sum so arrived at shall be the
income-tax or "advance tax" in respect of the total income:
Provided that in the case of every individual, being a
resident in India, who is of the age of sixty years or more but less than
eighty years at any time during the previous year, referred to in
item (II) of Paragraph A of Part III of the First Schedule, the
provisions of this sub-section shall have effect as if for the
words "two lakh fifty thousand rupees", the words "three lakh
rupees" had been substituted:
Provided further that in the case of every individual,
being a resident in India, who is of the age of eighty years or more at any time during the
previous year, referred to in item (III) of Paragraph A of Part III of the First Schedule, the
provisions of this sub-section shall have effect as if for the words "two lakh fifty
thousand rupees", the words "five lakh rupees" had been substituted:
Provided also that in the cases where income is
chargeable to tax under sub-section (1A) of section 115BAC of the Income-
tax Act, the provisions of this sub-section shall have effect as
if for the words "two lakh fifty thousand rupees", the words
"four lakh rupees" had been substituted:
Provided also that the amount of income-tax or "advance
tax" so arrived at, shall be increased by a surcharge, for the
purposes of the Union, calculated in each case, in the manner
provided in this section.
(11) The amount of income-tax as specified in sub-sections
(1) to (3) and as increased by the applicable surcharge, for the
purposes of the Union, calculated in the manner provided
therein, shall be further increased by an additional surcharge,
for the purposes of the Union, to be called the "Health and
Education Cess on income-tax", calculated at the rate of four
per cent. of such income-tax and surcharge so as to fulfil the
commitment of the Government to provide and finance quality
health services and universalised quality basic education and
secondary and higher education.
(12) The amount of income-tax as specified in sub-sections
(4) to (10) and as increased by the applicable surcharge, for the
purposes of the Union, calculated in the manner provided
therein, shall be further increased by an additional surcharge,
24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
for the purposes of the Union, to be called the "Health and
Education Cess on income-tax", calculated at the rate of four
per cent. of such income-tax and surcharge so as to fulfil the
commitment of the Government to provide and finance quality
health services and universalised quality basic education and
secondary and higher education:
Provided that nothing contained in this sub-section shall
apply to cases in which tax is to be deducted or collected under
the sections of the Income-tax Act mentioned in sub-sections
(5), (6), (7) and (8), if the income subjected to deduction of tax
at source or collection of tax at source is paid to a domestic
company and any other person who is resident in India:
Provided further that nothing contained in this sub-section
shall apply in respect of income-tax as specified in sub-section
(9), calculated on income, referred to in clause (a) of sub-
section (1) of section 115AD of the Income-tax Act, of
specified fund referred to in clause (c) of the Explanation to
clause (4D) of section 10 of the Income-tax Act.
(13) For the purposes of this section and the First
Schedule,—
(a) "domestic company" means an Indian company or
any other company which, in respect of its income liable to
income-tax under the Income-tax Act for the assessment
year commencing on the 1st April, 2025, has made the
prescribed arrangements for the declaration and payment
within India of the dividends (including dividends on
preference shares) payable out of such income;
(b) "insurance commission" means any remuneration or
reward, whether by way of commission or otherwise, for
soliciting or procuring insurance business, including
business relating to the continuance, renewal or revival of
policies of insurance);
(c) "net agricultural income" in relation to a person,
means the total amount of agricultural income, from
whatever source derived, of that person computed as per the
rules contained in Part IV of the First Schedule;
(d) all other words and expressions used in this section
and the First Schedule but not defined in this sub-section and
defined in the Income-tax Act shall have the meanings,
respectively, assigned to them in that Act.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 25
CHAPTER III
DIRECT TAXES
Income-tax
3. In section 2 of the Income-tax Act,—
(a) in clause (14), with effect from the 1st April, 2026,—
(i) in sub-clause (b), after the words "Foreign
Institutional Investor", the words, brackets, letters and
figures "or held by an investment fund specified in clause
(a) of Explanation 1 to section 115UB" shall be inserted;
(ii) in sub-clause (c), the words "on account of the
applicability of the fourth and fifth provisos thereof"
shall be omitted;
(b) in clause (22),—
(i) in the long line, after sub-clause (ii), the following
sub-clause shall be inserted, namely:—
'(iia) any advance or loan between two group
entities, where,—
(A) one of the group entity is a "Finance
Company" or a "Finance unit"; and
(B) the parent entity or principal entity of
such group is listed on stock exchange in a
country or territory outside India other than the
country or territory outside India as may be
specified by the Board in this behalf;';
(ii) in Explanation 3, after clause (b), the following
clauses shall be inserted, namely:—
'(c) "Finance Company" and "Finance Unit"
shall have the same meaning as assigned respectively
to them in clauses (e) and (f) of sub-regulation (1) of
regulation 3 of the International Financial Services
Centres Authority (Finance Company) Regulations,
2021 made under the International Financial Services
Centres Authority Act, 2019;
50 of 2019.
Provided that such Finance Company or Finance
Unit, is set up as a global or regional corporate
treasury centre for undertaking treasury activities or
Amendment of
section 2.
26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
treasury services as per the relevant regulations made
by the International Financial Services Centres
Authority established under section 4 of the said Act;
and
(d) "group entity", "parent entity" and "principal
entity" shall be such entities which satisfy such
conditions as prescribed in this behalf;';
(c) in clause (47A), after sub-clause (c) and before the
proviso, the following sub-clause shall be inserted with
effect from the 1st April, 2026, namely:—
"(d) any crypto-asset being a digital representation of
value that relies on a cryptographically secured
distributed ledger or a similar technology to validate and
secure transactions, whether or not such asset is included
in sub-clause (a) or sub-clause (b) or sub-clause (c);".
4. In section 9 of the Income-tax Act, in sub-section (1),
with effect from the 1st April, 2026,—
(a) in clause (i), in Explanation 2A, after the first
proviso, the following proviso shall be inserted, namely:—
"Provided further that the transactions or activities
which are confined to the purchase of goods in India for
the purpose of export shall not constitute significant
economic presence in India;";
(b) in the second proviso, for the words "Provided
further", the words "Provided also" shall be substituted.
5. In section 9A of the Income-tax Act,—
(a) in sub-section (3), in clause (c),—
(i) after the words "the corpus of the fund", the
words, figures and letters "as on the first day of April and
the first day of October of the previous year" shall be
inserted;
(ii) after the proviso, the following proviso shall be
inserted, namely:—
"Provided further that where the said aggregate
participation or investment in the fund exceeds five
per cent. on the first day of April or the first day of
October of the previous year, the condition
mentioned in this clause shall be deemed to be
satisfied, if it is satisfied within four months of the
Amendment of
section 9.
Amendment of
section 9A.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 27
first day of April or the first day of October of such
previous year, as the case may be;";
(b) in sub-section (8A),—
(i) after the words, brackets and letters "in clauses (a)
to (m)", the brackets, words and letter "[other than clause
(c)]" shall be inserted;
(ii) for the figures "2024", the figures "2030" shall
be substituted.
6. In section 10 of the Income-tax Act,—
(a) in clause (4D), in the Explanation, in clause (aa), for
the figures "2025", the figures "2030" shall be substituted;
(b) in clause (4E), with effect from the 1st April, 2026,—
(i) in the long line, after the word, figures and letters
"section 80LA", the words "or any Foreign Portfolio
Investor being a unit of an International Financial
Services Centre" shall be inserted;
(ii) the following Explanation shall be inserted,
namely:—
'Explanation.—For the purposes of this clause,
"Foreign Portfolio Investor" means a person
registered under the Securities and Exchange Board
of India (Foreign Portfolio Investors) Regulations,
2019 made under the Securities and Exchange Board
of India Act, 1992;';
(c) in clause (4F), for the figures "2025", the figures
"2030" shall be substituted;
(d) in clause (4H),—
(i) in the opening portion,—
(A) for the word "aircraft" at both the places
where it occurs, the words "aircraft or a ship" shall
be substituted;
(B) for the figures "2026", the figures "2030"
shall be substituted;
(ii) for the Explanation, the following Explanation
shall be substituted, namely:—
15 of 1992.
Amendment of
section 10.
28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
'Explanation.—For the purposes of this clause,
(a) "aircraft" means an aircraft or a helicopter, or
an engine of an aircraft or a helicopter, or any part
thereof;
(b) "International Financial Services Centre"
shall have the same meaning as assigned to it in
clause (q) of section 2 of the Special Economic Zones
Act, 2005;
(c) "ship" means a ship or an ocean vessel, engine
of a ship or ocean vessel, or any part thereof.';
(e) in clause (10D), for the eighth proviso, the following
proviso shall be substituted, namely:—
'Provided also that the provisions of the fourth, fifth,
sixth and seventh provisos shall not apply to any sum
received—
(a) on the death of a person; or
(b) under a life insurance policy issued by the
International Financial Services Centre insurance
intermediary office, including the sum allocated by
way of bonus on such policy.
Explanation.—For the purposes of this proviso,
"International Financial Services Centre insurance
intermediary office" shall have the same meaning as
assigned to it in clause (s) of sub-regulation (1) of
regulation 3 of the International Financial Services
Centres Authority (Insurance Intermediary) Regulations,
2021 made under the International Financial Services
Centres Authority Act, 2019.';
(f) after clause (12B), the following clause shall be
inserted with effect from the 1st April, 2026, namely:—
'(12BA) any payment from the National Pension
System Trust to an assessee, being the parent or guardian
of a minor, under the pension scheme referred to in
section 80CCD, on partial withdrawal made out of the
account of the minor, as per the terms and conditions,
specified under the Pension Fund Regulatory and
Development Authority Act, 2013 and the regulations
made thereunder, to the extent it does not exceed twenty-
five per cent. of the amount of contributions made by
him;";
(g) in clause (23FE),—
50 of 2019.
28 of 2005.
23 of 2013.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 29
(i) in the opening portion, after the words "long-term
capital gains", the brackets, words, figures and letters
"(whether or not such capital gains are deemed as short-
term capital gains under section 50AA)" shall be
inserted;
(ii) in sub-clause (i), for the figures "2025", the
figures "2030" shall be substituted;
(h) in clause (34B),—
(i) for the word "aircraft" at both the places where it
occurs, the words "aircraft or a ship" shall be substituted;
(ii) for the Explanation, the following Explanation
shall be substituted, namely:—
'Explanation.—For the purposes of this clause,
(a) "aircraft" means an aircraft or a helicopter, or
an engine of an aircraft or a helicopter, or any part
thereof;
(b) "International Financial Services Centre"
shall have the same meaning as assigned to it in
clause (q) of section 2 of the Special Economic Zones
Act, 2005;
(c) "ship" means a ship or an ocean vessel, engine
of a ship or ocean vessel, or any part thereof.'.
7. In section 12AB of the Income-tax Act,—
(a) in sub-section (1), after the following proviso shall be
inserted, namely:—
'Provided that where an application is made under
sub-clauses (i) to (v) of the said clause, and the total
income of such trust or institution, without giving effect
to the provisions of sections 11 and 12, does not exceed
rupees five crores during each of the two previous years,
preceding the previous year in which such application is
made, the provisions of this sub-section shall have effect
as if for the words "five years", the words "ten years"
had been substituted.';
(b) in sub-section (4), in the Explanation, in clause (g),
the words "is not complete or it" shall be omitted.
Amendment of
section 12AB.
30 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
8. In section 13 of the Income-tax Act, in sub-section (3),—
(i) for clause (b), the following clause shall be
substituted, namely:—
"(b) any person whose total contribution to the trust
or institution, during the relevant previous year exceeds
one lakh rupees, or, in aggregate up to the end of the
relevant previous year exceeds ten lakh rupees, as the
case may be;";
(ii) in clause (d), the word "person," shall be omitted;
(iii) in clause (e), the brackets and letter "(b)," shall be
omitted.
9. In section 17 of the Income-tax Act, in clause (2), with
effect from the 1st April, 2026,—
(a) in sub-clause (iii), in paragraph (c), for the words
"fifty thousand rupees", the words "such amount as may be
prescribed" shall be substituted;
(b) in the proviso occurring after sub-clause (viii), in
clause (vi), in the long line, in clause (B), for the words "two
lakh rupees", the words "such amount as may be prescribed"
shall be substituted.
10. In section 23 of the Income-tax Act, for sub-section (2),
the following sub-section shall be substituted, namely:—
"(2) The annual value of the property consisting of a
house or any part thereof shall be taken as nil, if the owner
occupies it for his own residence or cannot actually occupy
it due to any reason.".
11. After section 44BBC of the Income-tax Act, the
following section shall be inserted, with effect from the 1st
April, 2026, namely:—
'44BBD. (1) Notwithstanding anything to the contrary
contained in sections 28 to 43A, where an assessee, being a
non-resident, engaged in the business of providing services
or technology in India, for the purpose of setting up an
electronics manufacturing facility or in connection with
manufacturing or providing electronic goods, article or
thing in India—
Amendment of
section 13.
Amendment of
section 17.
Amendment of
section 23.
Insertion of new
section
44BBD.
Special
provision for
computing
profits and
gains of non-
residents
engaged in
business of
providing
services or
technology for
setting up an
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 31
(a) to a resident company which is establishing or
operating electronics manufacturing facility or a
connected facility for manufacturing or producing
electronic goods, article or thing in India under a
scheme notified by the Central Government in the
Ministry of Electronics and Information Technology;
and
(b) the resident company satisfies the conditions
prescribed in this behalf,
a sum equal to twenty-five per cent. of the aggregate of the
amounts specified in sub-section (2) shall be deemed to be
the profits and gains of such business of the non-resident
assessee chargeable to tax under the head "Profits and gains
of business or profession".
(2) The amounts referred to in sub-section (1) shall be
the following:—
(a) the amount paid or payable to the non-resident
assessee or to any person on his behalf on account of
providing services or technology; and
(b) the amount received or deemed to be received by
the non-resident assessee or on behalf of non-resident
assessee on account of providing services or
technology.
(3) Notwithstanding anything in sub-section (2) of
section 32 and sub-section (1) of section 72, where a non-
resident assessee declares profits and gains of business for
any previous year under sub-section (1), no set off of
unabsorbed depreciation and brought forward loss shall be
allowed to the assessee for such previous year.'.
12. In section 45 of the Income-tax Act, in sub-section
(1B), the words "or thereof" shall be omitted with effect from
the 1st April, 2026.
13. In section 47 of the Income-tax Act, in clause (viiad),
in the Explanation,—
(i) for clause (c), the following clause shall be substituted
with effect from the 1st April, 2026, namely:—
"(c) "resultant fund" means a fund established or
incorporated in India in the form of a trust or a company
or a limited liability partnership, which is located in an
electronics
manufacturing
facility or in
connection with
manufacturing
or producing
electronic
goods, article or
thing in India.
Amendment of
section 45.
Amendment of
section 47.
32 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
International Financial Services Centre as referred to in
sub-section (1A) of section 80LA, and has been granted—
(i) a certificate of registration as a Category I or
Category II or Category III Alternative Investment
Fund, and is regulated under the Securities and
Exchange Board of India (Alternative Investment
Funds) Regulations, 2012 made under the Securities
and Exchange Board of India Act, 1992 or regulated
under the International Financial Services Centres
Authority (Fund Management) Regulations, 2022
made under the International Financial Services
Centres Authority Act, 2019; or
(ii) a certificate as a retail scheme or an Exchange
Traded Fund as per item (b) of sub-clause (h) of
clause (c) of the Explanation to clause (4D) of
section 10 which fulfils the conditions specified in
the said clause (4D);";
(ii) in clause (h), for the figures "2025", the figures
"2030" shall be substituted.
14. In section 72A of the Income-tax Act, with effect from
the 1st April, 2026,—
(i) after sub-section (6A), the following sub-section shall
be inserted, namely:—
"(6B) Where any amalgamation or business
reorganisation, as the case may be, is effected on or after
the 1st April, 2025, any loss forming part of the
accumulated loss of the predecessor entity under sub-
section (1), (6) or (6A), being—
(a) the amalgamating company; or
(b) the firm or proprietary concern; or
(c) the private company or unlisted public company,
as the case may be, which is deemed to be the loss of the
successor entity, being—
(i) the amalgamated company; or
(ii) the successor company; or
(iii) the successor limited liability partnership,
15 of 1992.
50 of 2019.
Amendment of
section 72A.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 33
as the case may be, shall be carried forward in the hands
of the successor entity for not more than eight assessment
years immediately succeeding the assessment year for
which such loss was first computed for original
predecessor entity.";
(ii) in sub-section (7), after clause (aa), the following
clause shall be inserted, namely:—
'(ab) "original predecessor entity" means
predecessor entity in respect of the first amalgamation
under sub-section (1) or first business reorganisation
under sub-section (6) or (6A).'.
15. In section 72AA of the Income-tax Act, with effect
from the 1st April, 2026,—
(i) the following proviso shall be inserted, namely:—
"Provided that where any scheme of such
amalgamation is brought into force on or after the 1st
April, 2025, any loss forming part of the accumulated
loss of the predecessor entity, being—
(a) the banking company or companies; or
(b) the amalgamating corresponding new bank or
banks; or
(c) the amalgamating Government company or
companies,
as the case may be, which is deemed to be the loss of the
successor entity, being—
(i) the banking institution or company; or
(ii) the amalgamated corresponding new bank or
banks; or
(iii) the amalgamated Government company or
companies,
as the case may be, shall be carried forward in the hands
of the successor entity for not more than eight assessment
years immediately succeeding the assessment year for
which such loss was first computed for original
predecessor entity.";
Amendment of
section 72AA.
34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(ii) in the Explanation, after clause (vii), the following
clause shall be inserted, namely:—
'(viii) "original predecessor entity" means
predecessor entity in respect of the first amalgamation
under sub-section (1) or first amalgamation.'.
16. In section 80CCA of the Income-tax Act, in sub-
section (2), after the first proviso, the following proviso shall
be inserted and shall be deemed to have been inserted with
effect from the 29th August, 2024, namely:—
"Provided further that the amount referred to in clause
(a) which is withdrawn on or after the 29th August, 2024,
shall not be charged to tax in the case of an assessee, being
an individual.".
17. In section 80CCD of the Income-tax Act, with effect
from the 1st April, 2026,—
(a) in sub-section (1B), after the proviso, the following
proviso shall be inserted, namely:—
"Provided further that the deduction under this sub-
section shall also be allowed, where any payment or
deposit is made to the account of a minor under the
pension scheme referred to in the said sub-section by the
assessee, being the parent or guardian of such minor,
subject to the condition that the aggregate amount of
deduction under this sub-section shall not exceed fifty
thousand rupees.";
(b) in sub-section (3),—
(i) in the opening portion, for the words "in his
account", the words "or a minor, in his account or the
account of a minor, as the case may be," shall be
substituted;
(ii) after the proviso, the following proviso shall be
inserted, namely:—
"Provided further that the amount received by a
person, being the parent or guardian or nominee of a
minor, on account of closure of the pension scheme
referred to in sub-section (1B) due to the death of the
minor, shall not be deemed to be the income of such
person.";
(c) in sub-section (4), in the opening portion, after the
words "Where any amount paid or deposited by the
Amendment of
section 80CCA.
Amendment of
section 80CCD.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 35
assessee", the words "in his account or the account of a
minor" shall be inserted.
18. In section 80-IAC of the Income-tax Act, in the
Explanation, in clause (ii), in sub-clause (a), for the figures
"2025", the figures "2030" shall be substituted.
19. In section 80LA of the Income-tax Act, in sub-section
(2), in clause (d), for the figures "2025", the figures "2030"
shall be substituted.
20. In section 87A of the Income-tax Act, with effect from
the 1st April, 2026,—
(a) in first proviso,—
(i) in clause (a),—
(I) for the words "seven hundred thousand
rupees", the words "twelve hundred thousand
rupees" shall be substituted;
(II) for the words "twenty-five thousand rupees",
the words "sixty thousand rupees" shall be
substituted;
(ii) in clause (b), for the words "seven hundred
thousand rupees" at both the places where they occur, the
words "twelve hundred thousand rupees" shall be
substituted;
(b) after the proviso, the following proviso shall be
inserted, namely:—
"Provided further that the deduction under the first
proviso, shall not exceed the amount of income-tax
payable as per the rates provided in sub-section (1A) of
section 115BAC.".
21. In section 92CA of the Income-tax Act,—
(a) with effect from the 1st April, 2026,—
(i) in sub-section (1), the following provisos shall be
inserted, namely:—
"Provided that no reference for computation of
the arm's length price in relation to an international
transaction or a specified domestic transaction shall
be made, if the Transfer Pricing Officer has declared
Amendment of
section 80-IAC.
Amendment of
section 80LA.
Amendment of
section 87A.
Amendment of
section 92CA.
36 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
that option exercised by the assessee in sub-section
(3B) in relation to such transaction is valid for such
previous year:
Provided further that if any reference for an
international transaction or a specified domestic
transaction, in respect of a previous year for which
the option is declared valid under sub-section (3B) is
made before or after such declaration by the Transfer
Pricing Officer, the provisions of this sub-section
shall have the effect as if no reference is made for
such transaction.";
(ii) after sub-section (3A), the following sub-section
shall be inserted, namely:—
"(3B) The arm's length price, being determined
in relation to the international transaction or the
specified domestic transaction under sub-section (3)
for any previous year shall apply to similar
international transaction or specified domestic
transaction for the two consecutive previous years
immediately following such previous year, on
fulfilment of the following conditions, namely:—
(a) the assessee exercises an option or options
to the above effect for the said two consecutive
previous years;
(b) such option or options are exercised in
such form, manner and within such period as
prescribed; and
(c) the Transfer Pricing Officer shall, within
one month from the end of the month in which
such option or options are exercised, by an order
in writing, declare that such option or options are
valid subject to the conditions, as prescribed:
Provided that the provisions of this sub-
section shall not apply to any proceedings under
Chapter XIV-B.";
(iii) after sub-section (4), the following sub-section
shall be inserted, namely:—
"(4A) Notwithstanding anything contained in
sub-section (4), where the Transfer Pricing Officer
has declared an option exercised by the assessee as
valid option under sub-section (3B), he shall examine
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 37
and determine the arm's length price in relation to
such similar transaction for two consecutive previous
years immediately following such previous year, or,
in the order referred to in sub-section (3) and on receipt
of such order, the Assessing Officer shall proceed to
recompute the total income of the assessee for the
said two consecutive previous years as per the
provisions of sub-section (21) of section 155.";
(b) in sub-section (9), the proviso shall be omitted;
(c) after sub-section (10), the following sub-sections
shall be inserted with effect from the 1st April, 2026,
namely:—
"(11) If any difficulty arises in giving effect to the
provisions of sub-sections (3B) and (4A), the Board may,
with the previous approval of the Central Government,
issue guidelines for the purpose of removing such
difficulty:
Provided that no such guidelines shall be made after
the expiration of two years from the 1st April, 2026.
(12) Every guideline issued by the Board under
sub-section (11) shall be laid before each House of
Parliament while it is in session for a total period of thirty
days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the
session immediately following the session or the
successive sessions aforesaid, both Houses agree in
making any modification in such guideline or both
Houses agree that the guideline should not be issued, the
guideline shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall
be without prejudice to the validity of anything
previously done under that guideline.".
22. In section 112A of the Income-tax Act, in the
Explanation, in clause (a), with effect from the 1st April,
2026,—
(a) in the opening portion, the words "on account of the
applicability of the fourth and fifth provisos thereof" shall be
omitted;
(b) in the second proviso, the words "on account of the
applicability of the fourth and fifth provisos thereof" shall be
omitted.
Amendment of
section 112A.
38 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
23. In section 115AD of the Income-tax Act, in sub-section
(1), in clause (i), in the long line, for the words "ten per cent.",
the words "twelve and one-half per cent." shall be substituted
with effect from the 1st April, 2026.
24. In section 115BAC of the Income-tax Act, in sub-
section (1A), with effect from the 1st April, 2026,—
(a) in clause (ii), the words "or after" shall be omitted;
(b) after clause (ii), the following clause shall be
inserted, namely:—
"(iii) for any previous year relevant to the assessment
year beginning on or after the 1st April, 2026, shall be
computed at the rate of tax given in the following Table,
namely:—
TABLE
+-------+-------------+-----------+
| S. No. | Total income | Rate of tax |
+-------+-------------+-----------+
| (1) | (2) | (3) |
+=======+=============+===========+
| 1. | Upto Rs. 4,00,000 | Nil |
+-------+-------------+-----------+
| 2. | From Rs. 4,00,001 to | 5 per cent. |
| | Rs. 8,00,000 | |
+-------+-------------+-----------+
| 3. | From Rs. 8,00,001 to | 10 per cent. |
| | Rs. 12,00,000 | |
+-------+-------------+-----------+
| 4. | From Rs. 12,00,001 to | 15 per cent. |
| | Rs. 16,00,000 | |
+-------+-------------+-----------+
| 5. | From Rs. 16,00,001 to | 20 per cent. |
| | Rs. 20,00,000 | |
+-------+-------------+-----------+
| 6. | From Rs. 20,00,001 to | 25 per cent. |
| | Rs. 24,00,000 | |
+-------+-------------+-----------+
| 7. | Above Rs. 24,00,000 | 30 per cent.". |
+-------+-------------+-----------+
25. In section 115UA of the Income-tax Act, in sub-section
(2), for the words, figures and letter "section 111A and section
112", the words, figures and letters "sections 111A, 112 and
112A" shall be substituted with effect from the 1st April, 2026.
26. In section 115V of the Income-tax Act, with effect
from the 1st April, 2026,—
Amendment of
section 115AD.
Amendment of
section
115BAC.
Amendment of
section 115UA.
Amendment of
section 115V.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 39
(i) in clauses (a), (b), (f) and (h), for the word "ship", the
words "ship or inland vessel, as the case may be," shall be
substituted;
(ii) after clause (e), the following clause shall be inserted,
namely:—
"(ea) "inland vessel" shall have the same meaning as
assigned to it in clause (q) of section 3 of the Inland
Vessels Act, 2021;".
27. In section 115VB of the Income-tax Act, with effect
from the 1st April, 2026,—
(a) after the words "any ship", the words "or inland
vessel, as the case may be," shall be inserted;
(b) after the words "the ship", the words "or inland
vessel, as the case may be," shall be inserted;
(c) in the proviso, after the words "a ship", the words "or
inland vessel, as the case may be," shall be inserted.
28. In section 115VD of the Income-tax Act, with effect
from the 1st April, 2026,—
(i) after the words "Chapter, a ship", the words "or inland
vessel, as the case may be," shall be inserted;
(ii) in clause (a), after the words "or vessel", the words
", or inland vessel, as the case may be," shall be inserted;
(iii) in clause (h), after the words and figures "section
407 of the Merchant Shipping Act, 1958", the words and
figures "or the Inland Vessels Act, 2021, as the case may be," shall be inserted;
(iv) in clause (c), after the words "such ship", the words
"or inland vessel, as the case may be," shall be inserted;
(v) after the long line, in clause (i), after the words "or
vessel", the words "or inland vessel, as the case may be,"
shall be inserted.
29. In section 115VG of the Income-tax Act, in sub-section
(4), after the words "a ship", the words "or inland vessel, as the
case may be," shall be inserted with effect from the 1st April,
2026.
24 of 2021.
Amendment of
section 115VB.
Amendment of
section 115VD.
44 of 1958.
24 of 2021.
Amendment of
section 115VG.
40 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
30. In section 115V-I of the Income-tax Act, with effect
from the 1st April, 2026,—
(a) in sub-section (2), in clause (ii),—
(i) for the words "other ship-related activities", the
words "other ship-related or inland vessel related
activities, as the case may be," shall be substituted;
(ii) in sub-clause (A), in the Explanation, in clause
(a), after the words "more ships", the words "or inland
vessels, as the case may be," shall be inserted;
(b) in sub-section (6), after the words "any ship", the
words "or inland vessel, as the case may be," shall be
inserted.
31. In section 115VK of the Income-tax Act, in sub-section
(2), after the words "being ship", the words "or inland vessels,
as the case may be," shall be inserted with effect from the 1st
April, 2026.
32. In section 115VP of the Income-tax Act, after sub-
section (4), the following proviso shall be inserted, namely:—
"Provided that for an application received under sub-
section (1) on or after the 1st April, 2025, order under sub-
section (3) shall be passed before the expiry of three months
from the end of the quarter in which such application was
received.".
33. In section 115VT of the Income-tax Act, with effect
from the 1st April, 2026,—
(i) in sub-section (3), after the words "new ship" at both
the places where they occur, the words "or new inland
vessel, as the case may be" shall be inserted;
(ii) in sub-section (4), in clause (c), for the words,
brackets, letter and figure "as specified in clause (a) of sub-
section (3), but such ship", the words, brackets, letter and
figure "or new inland vessel, as the case may be, as
specified in clause (a) of sub-section (3), but such ship or
inland vessel, as the case may be," shall be substituted;
(iii) in the Explanation, for the words 'section, "new
ship" includes', the words 'section, "new ship or new
inland vessel", as the case may be, includes' shall be
substituted.
Amendment of
section 115V-I.
Amendment of
section 115VK.
Amendment of
section 115VP.
Amendment of
section 115VT.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 41
34. In section 115VV of the Income-tax Act, with effect
from the 1st April, 2026,—
(a) in sub-section (4), for the words "chartered in", the
words "or inland vessels, as the case may be, chartered in"
shall be substituted;
(b) in the Explanation, after the words "a ship", the
words "or inland vessel, as the case may be," shall be
inserted.
35. In section 115VX of the Income-tax Act, in sub-section
(1), with effect from the 1st April, 2026,—
(i) in clause (a), after the words "a ship", the words "or
inland vessel, as the case may be," shall be inserted;
(ii) in clause (b), after sub-clause (ii), the following sub-
clause shall be inserted, namely:—
"(iii) in case of inland vessel registered in India, a
certificate issued under the Inland Vessels Act, 2021.".
36. In section 115VZA of the Income-tax Act, in sub-
section (2), with effect from the 1st April, 2026,—
(a) after the words "a ship", the words "or inland vessel,
as the case may be," shall be inserted;
(b) after the words "such ship", the words "or inland
vessel, as the case may be," shall be inserted.
37. In section 132 of the Income-tax Act,—
(a) in sub-section (8), for the words "thirty days from the
date of the order of assessment or reassessment or
recomputation", the words "one month from the end of the
quarter in which the order of assessment or reassessment or
recomputation is made" shall be substituted;
(b) in Explanation 1, in clause (a), for the word
"authorisation", the word "authorisations" shall be
substituted.
38. In section 132B of the Income-tax Act, in the
Explanation 1, in clause (ii), for the words, figures and letters
"Explanation 2 to section 158BE", the words, figures and letter
"Explanation to section 158B" shall be substituted.
Amendment of
section 115VV.
Amendment of
section
115VX.
24 of 2021.
Amendment of
section
115VZA.
Amendment of
section 132.
Amendment of
section 132B.
42 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
39. In section 139 of the Income-tax Act, in sub-section
(8A),—
(a) for the words "twenty-four months", the words
"forty-eight months" shall be substituted;
(b) after the third proviso, the following provisos shall be
inserted, namely:—
"Provided also that no updated return shall be
furnished by any person where any notice to show-cause
under section 148A has been issued in his case after
thirty-six months from the end of the relevant assessment
year:
Provided also that the fourth proviso shall not apply
where an order is passed under sub-section (3) of section
148A determining that it is not a fit case to issue notice
under section 148.".
40. In section 140B of the Income-tax Act, in sub-section
(3), after clause (ii), the following clauses shall be inserted,
namely:—
"(iii) sixty per cent. of aggregate of tax and interest
payable, as determined in sub-section (1) or sub-section (2),
as the case may be, if such return is furnished after the expiry
of twenty-four months from the end of the relevant
assessment year but before completion of the period of
thirty-six months from the end of the relevant assessment
year; or
(iv) seventy per cent. of aggregate of tax and interest
payable, as determined in sub-section (1) or sub-section (2),
as the case may be, if such return is furnished after the expiry
of thirty-six months from the end of the relevant assessment
year but before completion of the period of forty-eight
months from the end of the relevant assessment year.".
41. In section 144BA of the Income-tax Act, in the
Explanation, for clause (ii), the following clause shall be
substituted, namely:—
"(ii) the period commencing on the date on which stay
on the proceeding of the Approving Panel was granted by an
order or injunction of any court and ending on the date on
which certified copy of the order vacating the stay was
received by the Approving Panel;".
Amendment of
section 139.
Amendment of
section 140B.
Amendment of
section 144BA.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 43
42. In section 144C of the Income-tax Act, in sub-section
(14C), the proviso shall be omitted.
43. In section 153 of the Income-tax Act, in Explanation 1,
for clause (ii), the following clause shall be substituted,
namely:—
"(ii) the period commencing on the date on which stay
on the assessment proceeding was granted by an order or
injunction of any court and ending on the date on which
certified copy of the order vacating the stay was received by
the jurisdictional Principal Commissioner or Commissioner;
or".
44. In section 153B of the Income-tax Act, in the
Explanation, for clause (i), the following clause shall be
substituted, namely:—
"(i) the period commencing on the date on which stay
on the assessment proceeding was granted by an order or
injunction of any court and ending on the date on which
certified copy of the order vacating the stay was received by
the jurisdictional Principal Commissioner or Commissioner;
or".
45. In section 155 of the Income-tax Act, after sub-section
(20), the following sub-section shall be inserted with effect
from the 1st April, 2026, namely:—
"(21) Where the arm's length price is determined in
relation to an international transaction or a specified
domestic transaction under sub-section (3) of section 92CA
for any previous year and the Transfer Pricing Officer has
declared that an option exercised by the assessee is valid
under sub-section (3B) of section 92CA in respect of such
transaction for two consecutive previous years immediately
following such previous year, the Assessing Officer shall
proceed to recompute the total income of the assessee for
the said two consecutive previous years, by amending the
order of assessment or any intimation or deemed intimation
under sub-section (1) of section 143, as the case may be,—
(a) in conformity with the arm's length price so
determined by the Transfer Pricing Officer under sub-
section (4A) of the said section in respect of such
transaction; and
(b) taking into account the directions issued under sub-
section (5) of section 144C, if any, for such previous year,
Amendment of
section 144C.
Amendment of
section 153.
Amendment of
section 153B.
Amendment of
section 155.
44 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
within three months from the end of the month in which the
assessment is completed in the case of the assessee for such
previous year and the first and second provisos to sub-
section (4) of section 92C apply thereto:
Provided that where the order of assessment or any
intimation or deemed intimation under sub-section (1) of
section 143, for the said two consecutive previous years, is
not made within the said three months, such recomputation
shall be made within three months from the end of the month
in which such order of assessment or any intimation or
deemed intimation under sub-section (1) of section 143, as
the case may be, is made.".
46. In section 158B of the Income-tax Act, in clause (b),
after the words "money, bullion, jewellery" at both the places
where they occur, the words ", virtual digital asset" shall be
inserted and shall be deemed to have been inserted with effect
from the 1st February, 2025.
47. In section 158BA of the Income-tax Act, with effect
from the 1st February, 2025,—
(a) in sub-section (4), for the word "pending", the words
"required to be made" shall be substituted and shall be
deemed to have been substituted;
(b) in sub-section (5), for the words "the assessment or
reassessment relating to any assessment year", the words
"the assessment or reassessment or recomputation or
reference or order relating to any assessment year" shall be
substituted and shall be deemed to have been substituted.
48. In section 158BB of the Income-tax Act, with effect
from the 1st February, 2025,—
(a) for sub-section (1), the following sub-section shall be
substituted and shall be deemed to have been substituted,
namely:—
"(1) The total income referred to in sub-section (1) of
section 158BA of the block period shall be the aggregate
of the following:—
(i) undisclosed income declared in the return
furnished under section 158BC;
(ii) income assessed under sub-section (3) of
section 143 or section 144 or section 147 or section
153A or section 153C prior to the date of initiation of
Amendment of
section 158B.
Amendment of
section 158BA.
Amendment of
section 158BB.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 45
the search or the date of requisition, as the case may
be;
(iii) income declared in the return of income filed
under section 139 or in response to a notice issued under
sub-section (1) of section 142 or section 148 prior to the
date of initiation of the search or the date of requisition,
and not covered under clause (i) or clause (ii);
(iv) income determined—
(a) in respect of a previous year, where such
previous year has ended and the due date for
furnishing the return for such year has not expired
prior to the date of initiation of the search or the
date of requisition, on the basis of entries relating
to such income or transactions as recorded in the
books of account and other documents maintained
in the normal course before the date of initiation of
search or the date of requisition;
(b) in respect of period commencing from 1st
day of April of the previous year in which the
search is initiated or requisition is made and ending
on the day immediately preceding the date of
initiation of search or requisition, on the basis of
entries relating to such income or transactions as
recorded in the books of account and other
documents maintained in the normal course for
such period on or before the day immediately
preceding the date of initiation of search or the date
of requisition;
(c) in respect of period commencing from the
date of initiation of the search or the date of
requisition and ending on the date of the execution
of the last of the authorisations for search or
requisition, on the basis of entries relating to such
income or transactions as recorded in the books of
account and other documents maintained in the
normal course for such period on or before the date
of the execution of the last of the authorisations;
(v) undisclosed income determined by the
Assessing Officer under sub-section (2).";
(b) for sub-section (3), the following sub-section shall be
substituted and shall be deemed to have been substituted,
namely:—
46 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
"(3) Where any income required to be determined as
a result of search or requisition of books of account or
other documents and any other material or information
are either available or are to be obtained from the
Assessing Officer or course of proceedings under this
Chapter, or determined on the basis of entries relating to
such income or transactions as recorded in the books of
account and other documents maintained in the normal
course on or before the date of the execution of the last
of the authorisations, relates to any international
transaction or specified domestic transaction referred to
in section 92C pertaining to the period beginning from
the 1st day of April of the previous year in which the last
of the authorisations was executed and ending with the date
on which the last of the authorisations was executed, such
income shall not be considered for the purposes of
determining the total income of the block period and
such income shall be considered in the assessment made
under the other provisions of this Act.";
(c) in sub-section (6), for the words "disclosed income",
the words "undisclosed income declared" shall be
substituted and shall be deemed to have been substituted.
49. In section 158BE of the Income-tax Act,—
(a) in sub-section (1), for the words "from the end of the
month", the words "from the end of the quarter" shall be
substituted and shall be deemed to have been substituted
with effect from the 1st February, 2025;
(b) in sub-section (3), for the words "from the end of the
month", the words "from the end of the quarter" shall be
substituted and shall be deemed to have been substituted
with effect from the 1st February, 2025;
(c) in sub-section (4), for clause (i), the following clause
shall be substituted, namely:—
"(i) the period commencing on the date on which stay
on assessment proceedings was granted by an order or
injunction of any court and ending on the date on which
certified copy of the order vacating the stay was
received by the jurisdictional Principal Commissioner
or Commissioner; or".
50. In section 158BFA of the Income-tax Act, in sub-
section (4), for clause (ii), the following clause shall be
substituted, namely:—
Amendment of
section 158BE.
Amendment of
section
158BFA.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 47
"(ii) the period commencing on the date on which stay
on the proceeding under sub-section (2) was granted by an
order or injunction of any court and ending on the date on
which certified copy of the order vacating the stay was
received by the jurisdictional Principal Commissioner or
Commissioner;".
51. In section 193 of the Income-tax Act,—
(a) after the words "whichever is earlier,", the words
"being the amount or the aggregate of amounts exceeding
ten thousand rupees during the financial year," shall be
inserted;
(b) in the proviso, in clause (v), in sub-clause (a), for the
words "five thousand rupees", the words "ten thousand
rupees" shall be substituted.
52. In section 194 of the Income-tax Act, in the first
proviso, in clause (b), for the words "five thousand rupees", the
words "ten thousand rupees" shall be substituted.
53. In section 194A of the Income-tax Act, in sub-section
(3),—
(a) in clause (f),—
(i) for the words "forty thousand rupees", wherever
they occur, the words "fifty thousand rupees" shall be
substituted;
(ii) in sub-clause (d), for the words "five thousand
rupees", the words "ten thousand rupees" shall be
substituted;
(iii) in the third proviso,—
(A) for the words "forty thousand rupees", the
words "fifty thousand rupees" shall be substituted;
(B) for the words "fifty thousand rupees", the
words "one lakh rupees" shall be substituted;
(b) in the proviso occurring after clause (xi), in clause
(b),—
(i) for the words "fifty thousand rupees", the words
"one lakh rupees" shall be substituted;
Amendment of
section 193.
Amendment of
section 194.
Amendment of
section 194A.
48 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(ii) for the words "forty thousand rupees", the words
"fifty thousand rupees" shall be substituted.
54. In section 194B of the Income-tax Act,—
(a) for the words "or the aggregate of amounts", the words
"in respect of a single transaction" shall be substituted;
(b) the words "during the financial year" shall be
omitted.
55. In section 194BB of the Income-tax Act,—
(a) for the words "or aggregate of amounts", the words
"in respect of a single transaction" shall be substituted;
(b) the words "during the financial year" shall be
omitted.
56. In section 194D of the Income-tax Act, in the second
proviso, for the words "fifteen thousand rupees", the words
"twenty thousand rupees" shall be substituted.
57. In section 194G of the Income-tax Act, in sub-section
(1), for the words "fifteen thousand rupees", the words "twenty
thousand rupees" shall be substituted.
58. In section 194H of the Income-tax Act, in the first
proviso, for the words "fifteen thousand rupees", the words
"twenty thousand rupees" shall be substituted.
59. In section 194-I of the Income-tax Act, for the first
proviso, the following proviso shall be inserted, namely:—
"Provided that no deduction shall be made under this
section, where the income by way of rent credited or paid for
a month or part of a month by such person to the account of,
or to, the payee, does not exceed fifty thousand rupees.".
60. In section 194J of the Income-tax Act, in sub-section
(1), in the first proviso, in clause (B), for the words "thirty
thousand rupees", wherever they occur, the words "fifty
thousand rupees" shall be substituted.
61. In section 194K of the Income-tax Act, in the proviso,
in clause (i), for the words "five thousand rupees", the words
"ten thousand rupees" shall be substituted.
Amendment of
section 194B.
Amendment of
section 194BB.
Amendment of
section 194D.
Amendment of
section 194G.
Amendment of
section 194H.
Amendment of
section 194-I.
Amendment of
section 194J.
Amendment of
section 194K.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 49
62. In section 194LA of the Income-tax Act, in the first
proviso, for the words "two lakh and fifty thousand rupees", the
words "five lakh rupees" shall be substituted.
63. In section 194LBC of the Income-tax Act, in sub-
section (1), for the portion beginning with the words "at the rate
of" and ending with the words "payee is any other person", the
words "at the rate of ten per cent." shall be substituted.
64. In section 194Q of the Income-tax Act, in sub-section
(5), in clause (b), the words, brackets, figures and letters "other
than a transaction to which sub-section (1H) of section 206C
applies" shall be omitted.
65. In section 194S of the Income-tax Act, in sub-section
(2), for the words, figures and letters "sections 203A and
206AB", the word, figures and letter "section 203A" shall be
substituted.
66. Section 206AB of the Income-tax Act shall be omitted.
67. In section 206C of the Income-tax Act,—
(a) in sub-section (1),—
(i) in the Table,—
(A) against serial number (iii),—
(I) in column (2), for the word "Timber", the
words and brackets "Timber or any other forest
produce (not being tendu leaves)" shall be
substituted;
(II) in column (3), for the words "two and one-
half per cent.", the words "two per cent." shall be
substituted;
(B) against serial number (iv), in column (3), for
the words "two and one-half per cent.", the words
"two per cent." shall be substituted;
(C) serial number (v) and the entries relating
thereto shall be omitted;
(ii) after the proviso, the following Explanation shall be
inserted, namely:—
'Explanation.—For the purposes of this sub-section,
"forest produce" shall have the same meaning as defined
Amendment of
section 194LA.
Amendment of
section
194LBC.
Amendment of
section 194Q.
Amendment of
section 194S.
Omission of
section 206AB.
Amendment of
section 206C.
50 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
in any State Act for the time being in force, or in the
Indian Forest Act, 1927;';
(b) in sub-section (1G),—
(i) in the first, second and fourth provisos, for the
words "seven lakh rupees", wherever they occur, the
words "ten lakh rupees" shall be substituted;
(ii) for the third proviso, the following proviso shall
be substituted, namely:—
"Provided also that the authorised dealer shall not
collect the sum if the amount being remitted out is a
loan obtained from any financial institution, as
defined in clause (b) of sub-section (1) of section
80E, for the purpose of pursuing any education;";
(c) in sub-section (1H), after the second proviso, the
following proviso shall be inserted, namely:—
"Provided also that nothing contained in the
provisions of this sub-section shall apply from the 1st
day of April, 2025;";
(d) in sub-section (7A), the following proviso shall be
inserted, with effect from the 1st April, 2025,—
"Provided that the provisions of sub-sections (3), (5)
and (6) of section 153 and Explanation 1 thereof shall,
so far as may be, apply to the time limit specified in this
sub-section.";
(e) in sub-section (9), for the words, brackets, figures and
letters ", sub-section (1C) or sub-section (1H)" at both the
places where they occur, the words, brackets, figure and
letter "or sub-section (1C)" shall be substituted;
(f) in sub-section (10A), for the brackets, figures, letters
and word "(1C), (1F) or (1H)", the brackets, figures, letters
and word "(1C) or (1F)" shall be substituted;
68. Section 206CCA of the Income-tax Act shall be
omitted.
69. In section 246A of the Income-tax Act, in sub-section
(1),—
16 of 1927.
Omission of
section 206CCA.
Amendment of
section 246A.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 51
(i) in clause (ja), for the word, brackets, figure and letter,
"sub-section (1A)", the word, brackets and figure, "sub-
section (2)" shall be substituted;
(ii) in clause (ii), the words "made by a Deputy
Commissioner" shall be omitted.
70. In section 253 of the Income-tax Act, in sub-section
(9), the proviso shall be omitted.
71. In section 255 of the Income-tax Act, in sub-section
(8), the proviso shall be omitted.
72. In section 263 of the Income-tax Act, in the
Explanation, occurring after sub-section (1), for the words "any
period during which any proceeding under this section is stayed
by an order or injunction of any court", the words "the period
commencing on the date on which stay on any proceeding under
this section was granted by an order or injunction of any court
and ending on the date on which certified copy of the order
vacating the stay was received by the jurisdictional Principal
Commissioner or Commissioner" shall be substituted.
73. In section 264 of the Income-tax Act, in sub-section
(6), in the Explanation, for the words "any period during which
any proceeding under this section stayed by an order or
injunction of any court,", the words "the period commencing on
the date on which stay on any proceeding under this section was
granted by an order or injunction of any court and ending on the
date on which certified copy of the order vacating the stay was
received by the jurisdictional Principal Commissioner or
Commissioner" shall be substituted.
74. In section 270AA of the Income-tax Act, in sub-section
(4), for the words "one month", the words "three months" shall
be substituted.
75. In section 271AAB of the Income-tax Act, in sub-
section (1A), in the opening portion, after the words "the assent
of the President", the words, figures and letters "but before the
1st day of September, 2024" shall be inserted and shall be
deemed to have been inserted with effect from the 1st
September, 2024.
76. Section 271BB of the Income-tax Act shall be omitted.
77. In section 271C of the Income-tax Act, in sub-section
(2), the following proviso shall be inserted, namely:—
Amendment of
section 253.
Amendment of
section 255.
Amendment of
section 263.
Amendment of
section 264.
Amendment of
section 270AA.
Amendment of
section
271AAB.
Omission of
section 271BB.
Amendment of
section 271C.
52 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
"Provided that any penalty under sub-section (1) on or
after the 1st day of April, 2025, shall be imposed by the
Assessing Officer.".
78. In section 271CA of the Income-tax Act, in sub-section
(2), the following proviso shall be inserted, namely:—
"Provided that any penalty under sub-section (1) on or
after the 1st day of April, 2025, shall be imposed by the
Assessing Officer.".
79. In section 271D of the Income-tax Act, in sub-section
(2), the following proviso shall be inserted, namely:—
"Provided that any penalty under sub-section (1) on or
after the 1st day of April, 2025, shall be imposed by the
Assessing Officer.".
80. In section 271DA of the Income-tax Act, in sub-section
(2), the following proviso shall be inserted, namely:—
"Provided that any penalty under sub-section (1) on or
after the 1st day of April, 2025, shall be imposed by the
Assessing Officer.".
81. In section 271DB of the Income-tax Act, in sub-section
(2), the following proviso shall be inserted, namely:—
"Provided that any penalty under sub-section (1) on or
after the 1st day of April, 2025, shall be imposed by the
Assessing Officer.".
82. In section 271E of the Income-tax Act, in sub-section
(2), the following proviso shall be inserted, namely:—
"Provided that any penalty under sub-section (1) on or
after the 1st day of April, 2025, shall be imposed by the
Assessing Officer.".
83. For section 275 of the Income-tax Act, the following
section shall be substituted, namely:—
'275. (1) No order imposing a penalty under this Chapter
shall be passed after the expiry of six months from the end
of the quarter in which,—
(a) the proceedings, in the course of which action for
the imposition of penalty has been initiated, are completed,
if the relevant assessment or other order is not the subject
Amendment of
section 271CA.
Amendment of
section 271D.
Amendment of
section 271DA.
Amendment of
section 271DB.
Amendment of
section 271E.
Substitution of
new section
for section 275.
Bar of
limitation for
imposing
penalties.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 53
matter of an appeal under section 246 or section 246A or
section 253;
(b) the order of revision under section 263 or section
264 is passed, if the relevant assessment or other order is
the subject matter of revision under the said sections;
(c) the order of appeal under section 246 or section
246A is received by the jurisdictional Principal
Commissioner or Commissioner, if the relevant
assessment or other order is the subject matter of an appeal
under the said sections and no further appeal has been filed
under section 253;
(d) the order of appeal under section 253 is received by
the jurisdictional Principal Commissioner or
Commissioner, if the relevant assessment or other order
is the subject matter of an appeal under the said section;
(e) notice for imposition of penalty is issued, in any
other case.
(2) The order imposing or enhancing or reducing or
cancelling penalty or dropping the proceedings for the
imposition of penalty may be revised on the basis of
assessment as revised by giving effect to the order passed
under section 246 or section 246A or section 250 or section
260A or section 261 or revision under section 263 or section
264, where the relevant assessment or other order is the
subject matter of an appeal or a revision under the said
sections.
(3) No order imposing or enhancing or reducing or
cancelling penalty or dropping the proceedings for the
imposition of penalty under sub-section (2) shall be
passed,—
(a) unless the assessee has been heard, or has been
given a reasonable opportunity of being heard;
(b) after the expiry of six months from the end of the
quarter in which the order passed under section 246 or
section 246A or section 250 or section 260A or section
261 is received by the jurisdictional Principal
Commissioner or Commissioner, or the order of revision
under section 263 or section 264 is passed.
(4) The provisions of sub-section (2) of section 274 shall
apply to the order imposing or enhancing or reducing penalty
under sub-section (2).
54 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(5) In computing the period of limitation for the
purposes of this section, the following period shall be
excluded:—
(a) the time taken in giving an opportunity to the
assessee to be heard under the proviso to section 129;
(b) the period commencing on the date on which stay
on proceeding for levy of penalty was granted by an order
or injunction of any court and ending on the date on which
certified copy of the order vacating the stay was received
by the jurisdictional Principal Commissioner or
Commissioner.".
84. In section 276BB of the Income-tax Act, the following
proviso shall be inserted, namely:—
"Provided that the provisions of this section shall not
apply if the payment of the tax collected at source has been
made to the credit of the Central Government at any time on
or before the time prescribed for filing the statement under
the proviso to sub-section (3) of section 206C in respect of
such payment.".
85. After section 285BA of the Income-tax Act, the
following section shall be inserted with effect from the 1st
April, 2026, namely:—
'285BAA. (1) Any person, being a reporting entity, as
prescribed, in respect of a crypto-asset, shall furnish
information in respect of a transaction of such crypto-asset
in a statement, for such period, within such time, in such
form and manner and to such income-tax authority, as
prescribed.
(2) Where the prescribed income-tax authority considers
that the statement furnished under sub-section (1) is
defective, he may intimate the defect to the person who has
furnished such statement and give him an opportunity of
rectifying the defect within thirty days from the date of such
intimation or such further period as may be allowed, and if
the defect is not rectified within such period, the provisions
of this Act shall apply as if such person had furnished
inaccurate information in the statement.
(3) Where a person who is required to furnish a statement
under sub-section (1) has not furnished the same within the
specified time, the prescribed income-tax authority may
serve upon such person a notice requiring him to furnish such
Amendment of
section 276BB.
Insertion of new
section
285BAA.
Obligation to
furnish
information on
transaction of
crypto-asset.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 55
statement within a period not exceeding thirty days from the
date of service of such notice and he shall furnish the
statement within the time specified in the notice.
(4) If any person, having furnished a statement under
sub-section (1), or in pursuance of a notice issued under sub-
section (3), comes to know or discovers any inaccuracy in
the information provided in the statement, he shall within ten
days inform the prescribed income-tax authority, the
inaccuracy in such statement and furnish the correct
information in such manner as prescribed.
(5) The Central Government may, by rules prescribe—
(a) the persons referred to in sub-section (1) to be
registered with the prescribed income-tax authority;
(b) the nature of information and the manner in which
such information shall be maintained by the persons
referred to in clause (a); and
(c) the due diligence to be carried out by the persons
referred to in sub-section (1) for the purpose of
identification of any crypto-asset user or owner.
(6) In this section, "crypto-asset" shall have the meaning
assigned to it in sub-clause (d) of clause (47A) of section 2.'.
86. In the Second Schedule to the Income-tax Act, in rule
68B, in sub-rule (2), for clauses (i) and (ii), the following
clauses shall be substituted, namely:—
"(i) commencing on the date on which stay on levy of the
said tax, interest, fine, penalty or any other sum was granted
by an order or injunction of any court and ending on the date
on which certified copy of the order vacating the stay was
received by the jurisdictional Principal Commissioner or
Commissioner; or
(ii) commencing on the date on which stay on the
proceeding of attachment or sale of the immovable property
was granted by an order or injunction of any court and
ending on the date on which certified copy of the order
vacating the stay was received by the jurisdictional Principal
Commissioner or Commissioner; or".
Amendment of
rule 68B of the
Second
Schedule.
56 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
CHAPTER IV
INDIRECT TAXES
Customs
87. In the Customs Act, 1962 (hereinafter referred to as
the Customs Act), in section 18,—
(a) in sub-section (1), for the words "the proper officer
may direct that the duty leviable on such goods, be assessed
provisionally", the following shall be substituted,
namely:—
"the proper officer may assess the duty leviable on such
goods, provisionally";
(b) in sub-section (1A), for the words "within such time
and in such manner", the words "in such manner" shall be
substituted;
(c) after sub-section (1A), the following sub-sections
shall be inserted, namely:—
"(1B) The proper officer shall finalise the duty
provisionally assessed, within two years from the date of
such assessment under sub-section (1):
Provided that the Principal Commissioner of Customs
or the Commissioner of Customs may, for sufficient
cause being shown and for reasons to be recorded in
writing, extend the said period to a further period of one
year:
Provided further that in respect of any provisional
assessment pending under sub-section (1) as on the date
on which the Finance Bill, 2025 receives the assent of
the President, the said period of two years shall be reckoned
from the date on which the said Finance Bill receives the
assent of the President.
(1C) Where the proper officer is unable to assess the
duty finally within the time specified under sub-section
(1B) for an reason that—
(a) an information is being sought from an
authority outside India through a legal process; or
52 of 1962.
Amendment of
section 18.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 57
(b) an appeal in a similar matter of the same person
or any other person is pending before the Appellate
Tribunal or the High Court or the Supreme Court; or
(c) an interim order of stay has been issued by the
Appellate Tribunal or the High Court or the Supreme
Court; or
(d) the Board has, in a similar matter, issued
specific direction or order to keep such matter
pending; or
(e) the importer or exporter has a pending
application before the Settlement Commission or the
Interim Board,
the proper officer shall inform the importer or exporter
concerned, the reason for non-finalisation of the
provisional assessment and in such case, the time
specified in sub-section (1B) shall apply from the date
of the provisional assessment but from the date
when such reason ceases to exist.".
88. After section 18 of the Customs Act, the following
section shall be inserted, namely:—
"18A. (1) Notwithstanding anything contained in section
149, the importer or exporter of the goods, after the
clearance, may revise an entry already made in relation to
the goods, in such form and manner, within such time and
subject to such conditions as may be prescribed.
(2) On revising the entry under sub-section (1), the
importer or exporter of the goods shall self-assess the duty.
(3) Where the revised entry and self-assessment made
under sub-sections (1) and (2) results in—
(a) any duty short-levied, not levied, short-paid or
not paid, then the same may be paid voluntarily by the
importer or exporter of such goods along with the interest
under section 28AA;
(b) duty paid in excess of that payable on such goods
or whole of the duty paid, requiring refund, then, such
revised entry shall be deemed to be a claim for refund
under section 27.
(4) The proper officer may,—
Insertion of new
section 18A.
Voluntary
revision of
entry, post
clearance.
58 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(a) verify the revised entry and self-assessment made
under sub-sections (1) and (2) in cases selected
primarily on the basis of risk evaluation through
appropriate selection criteria;
(b) re-assess the duty leviable on such goods in
cases where the self-assessment under sub-section (2)
is not done correctly.
(5) No revision of entry shall be made under this section
in the following cases, namely:—
(a) cases where any audit under Chapter XIIA or
search, seizure or summons under Chapter XIII has been
initiated and intimated to the importer or the exporter
concerned;
(b) cases requiring refund where the proper officer
has re-assessed the duty under section 17 or assessed the
duty under section 18 or under section 84;
(c) any other case which the Board may specify by
notification in the Official Gazette.".
89. In section 27 of the Customs Act, in sub-section (1),
the Explanation shall be numbered as Explanation 1 thereof,
and after Explanation 1 as so numbered, the following
Explanation shall be inserted, namely:—
'Explanation 2.—For the removal of doubts, it is hereby
clarified that the period of limitation of one year in case of
claim of refund under clause (b) of sub-section (3) of section
18A or amendment of documents under section 149, shall be
computed from the date of payment of such duty or
interest.'.
90. In section 28 of the Customs Act, in Explanation 1,
after clause (b), the following clause shall be inserted,
namely:—
"(ba) in a case where duty is paid under clause (a) of
sub-section (3) of section 18A, the date of payment of duty
or interest.".
91. In section 127A of the Customs Act,—
(i) after clause (d), the following clause shall be
inserted, namely:—
Amendment of
section 27.
Amendment of
section 28.
Amendment of
section 127A.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 59
'(da) "Interim Board" means the Interim Board for
Settlement constituted under section 31A of the Central
Excise Act, 1944;';
(ii) after clause (e), the following clause shall be
inserted, namely:—
'(ea) "pending application" means an application
filed under section 127B before the 1st day of April, 2025
and fulfils the following conditions, namely:—
(i) it has been allowed under section 127C; and
(ii) no order under sub-section (5) of section 127C
was issued on or before the 31st day of March, 2025
with respect to such application.'.
92. In section 127B of the Customs Act, after sub-section
(5), the following provisos shall be inserted, namely:—
"Provided that no application shall be made under this
section on or after the 1st day of April, 2025:
Provided further that on and from the date of the
constitution of the Interim Board, every pending application
shall be dealt by it from the stage at which such pending
application stood immediately before its constitution.".
93. In section 127C of the Customs Act, after sub-section
(10), the following sub-sections shall be inserted, namely:—
'(11) On and from the 1st day of April, 2025,—
(a) the provisions of sub-sections (2), (3), (4), (5),
(5A), (7), (8) and (8A) shall apply to pending
applications with the modification that for the words
"Settlement Commission", wherever they occur, the
words "Interim Board" shall be substituted;
(b) in sub-section (3), for the words "seven days from
the date of order", the words "seven days from the date
of receipt of the order" shall be substituted;
(c) in sub-section (7), for the word "Bench", the
words "Interim Board" shall be substituted;
(d) if the provisions of sub-section (10) shall have
effect as if for the words "Settlement Commission", the
words "Settlement Commission or Interim Board" had
been substituted.
1 of 1944.
Amendment of
section 127B.
Amendment of
section 127C.
60 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(12) Notwithstanding anything contained in this section,
the Interim Board may, within three months from the date
of its constitution under section 31A of the Central Excise
Act, 1944, for the reasons to be recorded in writing, extend
the time limit referred to in sub-section (8A), by such further
period not exceeding twelve months from the date of such
constitution.".
94. In section 127D of the Customs Act, after sub-section
(2), the following sub-section shall be inserted, namely:—
"(3) On and from the 1st day of April, 2025, the power
of the Settlement Commission under this section shall be
exercised by the Interim Board and the provisions of this
section shall mutatis mutandis apply to the Interim Board
as they apply to the Settlement Commission.".
95. In section 127F of the Customs Act, after sub-section
(4), the following sub-section shall be inserted, namely:—
"(5) On and from the 1st day of April, 2025, the powers
and functions of the Settlement Commission under this
section shall be exercised by the Interim Board and the
provisions of this section shall mutatis mutandis apply to
the Interim Board as they apply to the Settlement
Commission.".
96. In section 127G of the Customs Act, after the first
proviso, the following proviso shall be inserted, namely:—
"Provided further that on and from the 1st day of April,
2025, the functions of the Settlement Commission under this
section shall be performed by the Interim Board and the
provisions of this section shall mutatis mutandis apply to the
Interim Board as they apply to the Settlement Commission.".
97. In section 127H of the Customs Act, after sub-section
(3), the following sub-section shall be inserted, namely:—
"(4) On and from the 1st day of April, 2025, the power
of the Settlement Commission under this section shall be
exercised by the Interim Board and the provisions of this
section shall mutatis mutandis apply to the Interim Board
as they apply to the Settlement Commission.".
Customs Tariff
98. In the Customs Tariff Act, 1975 (hereinafter referred
to as the Customs Tariff Act), the First Schedule shall,—
1 of 1944.
Amendment of
section 127D.
Amendment of
section 127F.
Amendment of
section 127G.
Amendment of
section 127H.
Amendment of
First Schedule.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 61
(a) be amended in the manner specified in the Second
Schedule;
(b) with effect from the 1st May, 2025, be amended in
the manner specified in the Third Schedule.
Central Excise
99. In section 31 of the Central Excise Act, 1944
(hereinafter referred to as the Central Excise Act),—
(i) after clause (e), the following clause shall be inserted,
namely:—
'(ea) "Interim Board" means the Interim Board for
Settlement constituted under section 31A;';
(ii) after clause (f), the following clause shall be inserted,
namely:—
'(fa) "pending application" means an application
filed under section 32E before the 1st day of April, 2025
and fulfils the following conditions, namely:—
(i) it has been allowed under sub-section (1) of
section 32F; and
(ii) no order under sub-section (5) of section 32F
was issued on or before the 31st day of March, 2025
with respect to such application;'.
100. After section 31 of the Central Excise Act, the
following section shall be inserted, namely:—
"31A. (1) The Central Government shall, by
notification, constitute one or more Interim Boards for
Settlement, as may be necessary, for the settlement of
pending applications.
Provided that on and from the date of the constitution
of the Interim Board, every pending application shall be
dealt by it from the stage at which such pending
application stood immediately before its constitution.
(2) Every Interim Board shall consist of three
members, each being an officer of the rank of Chief
Commissioner or above, as may be nominated by the
Central Board of Indirect Taxes and Customs.
1 of 1944.
Amendment of
section 31.
Insertion of new
section 31A.
Interim Board
for Settlement.
62 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(3) If the Members of the Interim Board differ in
opinion on any point, the point shall be decided according
to the opinion of the majority.
(4) The Interim Board shall be assisted by such
Central Excise Officers, to be nominated by the Central
Board of Indirect Taxes and Customs.".
101. In section 32 of the Central Excise Act, after sub-
section (3), the following proviso shall be inserted, namely:—
"Provided that the Settlement Commission so constituted
under this section shall cease to operate on or after the 1st day
of April, 2025.".
102. In section 32A of the Central Excise Act, after sub-
section (8), the following proviso shall be inserted, namely:—
"Provided that the provisions of this section shall not
apply on or after the 1st day of April, 2025.".
103. In section 32B of the Central Excise Act, after sub-
section (2), the following proviso shall be inserted, namely:—
"Provided that the provisions of this section shall not
apply on or after the 1st day of April, 2025.".
104. In section 32C of the Central Excise Act, the
following proviso shall be inserted, namely:—
"Provided that the provisions of this section shall not
apply on or after the 1st day of April, 2025.".
105. In section 32D of the Central Excise Act, the
following proviso shall be inserted, namely:—
"Provided that the provisions of this section shall not
apply on or after the 1st day of April, 2025.".
106. In section 32E of the Central Excise Act, after sub-
section (3), the following proviso shall be inserted, namely:—
"Provided that no application shall be made under this
section on or after the 1st day of April, 2025.".
107. In section 32F of the Central Excise Act, after sub-
section (10), the following sub-sections shall be inserted,
namely:—
'(11) On and from the 1st day of April, 2025,—
Amendment of
section 32.
Amendment of
section 32A.
Amendment of
section 32B.
Amendment of
section 32C.
Amendment of
section 32D.
Amendment of
section 32E.
Amendment of
section 32F.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 63
(a) the provisions of sub-sections (2), (3), (4), (5),
(5A), (7), (8) and (8A) shall apply to pending
applications with the modification that for the words
"Settlement Commission", wherever they occur, the
words "Interim Board" shall be substituted;
(b) in sub-section (3), for the words "seven days from
the date of order", the words "seven days from the date
of receipt of the order" shall be substituted;
(c) in sub-section (7), for the word "Bench", the
words "Interim Board" shall be substituted;
(d) if the provisions of sub-section (10) shall have
effect as if for the words "Settlement Commission", the
words "Settlement Commission or Interim Board" had
been substituted.
(12) Notwithstanding anything contained in this section,
the Interim Board may, within three months from the date
of its constitution under section 31A, for the reasons to be
recorded in writing, extend the time limit referred to in sub-
section (6), by such further period not exceeding twelve
months from the date of such constitution.".
108. In section 32G of the Central Excise Act, after sub-
section (2), the following sub-section shall be inserted,
namely:—
"(3) On and from the 1st day of April, 2025, the power
of the Settlement Commission under this section shall be
exercised by the Interim Board and the provisions of this
section shall mutatis mutandis apply to the Interim Board
as they apply to the Settlement Commission.".
109. In section 32-I of the Central Excise Act, after sub-
section (3), the following sub-section shall be inserted,
namely:—
"(4) On and from the 1st day of April, 2025, the powers
and functions of the Settlement Commission under this
section shall be exercised by the Interim Board and the
provisions of this section shall mutatis mutandis apply to
the Interim Board as they apply to the Settlement
Commission.".
110. In section 32J of the Central Excise Act, after the first
proviso, the following proviso shall be inserted, namely:—
Amendment of
section 32G.
Amendment of
section 32-I.
Amendment of
section 32J.
64 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
"Provided further that on and from the 1st day of April,
2025, the functions of the Settlement Commission under this
section shall be performed by the Interim Board and the
provisions of this section shall mutatis mutandis apply to the
Interim Board as they apply to the Settlement
Commission.".
111. In section 32K of the Central Excise Act, after sub-
section (3), the following sub-section shall be inserted,
namely:—
"(4) On and from the 1st day of April, 2025, the power
of the Settlement Commission under this section shall be
exercised by the Interim Board and the provisions of this
section shall mutatis mutandis apply to the Interim Board
as they apply to the Settlement Commission.".
112. In section 32L of the Central Excise Act, after sub-
section (3), the following sub-section shall be inserted,
namely:—
"(4) On and from the 1st day of April, 2025, the power
of the Settlement Commission under this section shall be
exercised by the Interim Board and the provisions of this
section shall mutatis mutandis apply to the Interim Board
as they apply to the Settlement Commission.".
113. In section 32M of the Central Excise Act, the
following proviso shall be inserted, namely:—
"Provided that on and from the 1st day of April, 2025,
the provisions of this section shall mutatis mutandis apply
to the Interim Board as they apply to the Settlement
Commission.".
114. In section 32-O of the Central Excise Act, the
following proviso shall be inserted, namely:—
"Provided that on and from the 1st day of April, 2025,
the provisions of this section shall mutatis mutandis apply
to the Interim Board as they apply to the Settlement
Commission.".
115. In section 32P of the Central Excise Act, the
following proviso shall be inserted, namely:—
"Provided that on and from the 1st day of April, 2025,
the provisions of this section shall mutatis mutandis apply
to the Interim Board as they apply to the Settlement
Commission.".
Amendment of
section 32K.
Amendment of
section 32L.
Amendment of
section 32M.
Amendment of
section 32-O.
Amendment of
section 32P.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 65
Central Goods and Services Tax
116. In the Central Goods and Services Tax Act, 2017
(hereinafter referred to as the Central Goods and Services Tax
Act), in section 2,—
(i) in clause (61), after the word and figure "section 9",
the words, brackets and figures "of this Act or under sub-
section (3) or sub-section (4) of section 5 of the Integrated
Goods and Services Tax Act, 2017" shall be inserted with
effect from the 1st day of April, 2025;
(ii) in clause (69),—
(a) in sub-clause (c), after the words "management of
a municipal", the word "fund" shall be inserted;
(b) after sub-clause (c), the following Explanation
shall be inserted, namely:—
'Explanation.—For the purposes of this sub-clause—
(a) "local fund" means any fund under the control
or management of an authority of a local self-
government established for discharging civic
functions in relation to a Panchayat area and vested
by law with the powers to levy, collect and
appropriate any tax, duty, toll, cess or fee, by
whatever name called;
(b) "municipal fund" means any fund under the
control or management of an authority of a local self-
government established for discharging civic
functions in relation to a Metropolitan area or
Municipal area and vested by law with the powers to
levy, collect and appropriate any tax, duty, toll, cess
or fee, by whatever name called.';
(iii) after clause (116), the following clause shall be
inserted, namely:—
'(116A) "unique identification marking" means the
unique identification marking referred to in clause (b) of
sub-section (2) of section 148A and includes a digital
stamp, digital mark or any other similar marking, which
is unique, secure and non-removable;'.
117. In section 12 of the Central Goods and Services Tax Act,
sub-section (7) shall be omitted.
12 of 2017.
Amendment of
section 2.
13 of 2017.
Amendment of
section 12.
66 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
118. In section 13 of the Central Goods and Services Tax
Act, sub-section (4) shall be omitted.
119. In section 17 of the Central Goods and Services Tax
Act, in sub-section (5), in clause (d),—
(i) for the words "plant or machinery", the words "plant
and machinery" shall be substituted and shall be deemed to
have been substituted with effect from the 1st day of July,
2017;
(ii) the Explanation shall be numbered as Explanation 1
thereof, and after Explanation 1 as so numbered, the following
Explanation shall be inserted, namely:—
'Explanation 2.—For the purposes of clause (d), it is
hereby clarified that notwithstanding anything to the
contrary contained in any judgment, decree or order of any
court, tribunal, or other authority, any reference to "plant or
machinery" shall be construed and shall always be deemed
to have been construed as a reference to "plant and
machinery".'.
120. In section 20 of the Central Goods and Services Tax
Act, with effect from the 1st day of April, 2025,—
(i) in sub-section (1), after the word and figure "section
9", the words, brackets and figure "or sub-section (3) or
sub-section (4) of section 5 of the Integrated Goods and
Services Tax Act, 2017" shall be inserted;
(ii) in sub-section (2), after the word and figure "section
9", the words, brackets and figure "or sub-section (3) or
sub-section (4) of section 5 of the Integrated Goods and
Services Tax Act, 2017," shall be inserted.
121. In section 34 of the Central Goods and Services Tax
Act, in sub-section (2), for the proviso, the following proviso
shall be substituted, namely:—
"Provided that no reduction in output tax liability of the
supplier shall be permitted, if the—
(i) input tax credit as is attributable to such a credit
note, if availed, has not been reversed by the recipient,
where such recipient is a registered person; or
(ii) incidence of tax on such supply has been passed
on to any other person, in other cases.".
Amendment of
section 13.
Amendment of
section 17.
Amendment of
section 20.
13 of 2017.
Amendment of
section 34.
67
122. In section 38 of the Central Goods and Services Tax
Act,—
(i) in sub-section (1), for the words "an auto-generated
statement", the words "a statement" shall be substituted;
(ii) in sub-section (2),—
(a) for the words "auto-generated statement under",
the words "statement referred in" shall be substituted;
(b) in clause (a), the word "and" shall be omitted;
(c) in clause (b), after the words "by the recipient,",
the word "including" shall be inserted;
(d) after clause (b), the following clause shall be
inserted, namely:—
"(c) such other details as may be prescribed.".
123. In section 39 of the Central Goods and Services Tax
Act, in sub-section (1), for the words "and within such time",
the words "within such time, and subject to such conditions and
restrictions" shall be substituted.
124. In section 107 of the Central Goods and Services Act,
in sub-section (6), for the proviso, the following proviso shall
be substituted, namely:—
"Provided that in case of any order demanding penalty
without involving demand of any tax, no appeal shall be filed
against such order unless a sum equal to ten per cent. of the
said penalty has been paid by the appellant.".
125. In section 112 of the Central Goods and Services Tax
Act, in sub-section (8), the following proviso shall be inserted,
namely:—
"Provided that in case of any order demanding penalty
without involving demand of any tax, no appeal shall be filed
against such order unless a sum equal to ten per cent. of the
said penalty has been paid by the appellant, in addition to the
amount payable under the proviso to sub-section (6) of section 107 has been paid by the
appellant.".
126. After section 122A of the Central Goods and
Services Tax Act, the following section shall be inserted, namely:—
"122B. Notwithstanding anything contained in this Act,
where any person referred to in clause (b) of sub-section (1)
Amendment of
section 38.
Amendment of
section 39.
Amendment of
section 107.
Amendment of
section 112.
Insertion of new
section
122B.
Penalty
for
failure to
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY
68 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
of section 148A acts in contravention of the provisions of
the said section, he shall, in addition to any penalty under
Chapter XV or the provisions of this Chapter, be liable to
pay a penalty equal to an amount of one lakh rupees or ten
per cent. of the tax payable on such goods, whichever is
higher.".
127. After section 148 of the Central Goods and Services
Tax Act, the following section shall be inserted, namely:—
"148A. (1) The Government may, on the
recommendations of the Council, by notification, specify,
—
(a) the goods;
(b) persons or class of persons who are in
possession or deal with such goods,
to which the provisions of this section shall apply.
(2) The Government may, in respect of the goods
referred to in clause (a) of sub-section (1),—
(a) provide a system for enabling affixation of
unique identification marking and for electronic storage
and access of information contained therein, through
such persons, as may be prescribed; and
(b) prescribe the unique identification marking for
such goods, including the information to be recorded
therein.
(3) The persons referred to in sub-section (1), shall,—
(a) affix on the said goods or packages thereof, a
unique identification marking, containing such
information and in such manner;
(b) furnish such information and details within
such time and maintain such records or documents, in
such form and manner;
(c) furnish details of the machinery installed in the
place of business of manufacture of such goods,
including the identification, capacity, duration of
operation and such other details or information, within
such time and in such form and manner;
(d) pay such amount in relation to the system
referred to in sub-section (2),
comply with
track and trace
mechanism.
Insertion of new
section 148A.
Track and trace
mechanism for
certain goods.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 69
as may be prescribed.".
128. In Schedule III of the Central Goods and Services Tax
Act,—
(i) in paragraph 8, after clause (a), the following clause
shall be inserted and shall be deemed to have been inserted
with effect from the 1st day of July, 2017, namely:—
"(aa) Supply of goods warehoused in a Special
Economic Zone or in a Free Trade Warehousing Zone to
any person before clearance for exports or to the Domestic
Tariff Area;";
(ii) in Explanation 2, after the words "For the purposes
of", the words, brackets and letter "clause (a) of" shall be
inserted and shall be deemed to have been inserted with
effect from the 1st day of July, 2017;
(iii) after Explanation 2, the following Explanation shall
be inserted and shall be deemed to have been inserted with
effect from the 1st day of July, 2017, namely:—
'Explanation 3.—For the purposes of clause (aa) of
paragraph 8, the expressions "Special Economic Zone",
"Free Trade Warehousing Zone" and "Domestic Tariff
Area" shall have the same meanings respectively as
assigned to them in section 2 of the Special Economic
Zones Act, 2005.'.
129. No refund shall be made of all such tax which has
been collected, but which would not have been so collected, had
section 128 been in force at all material times.
Service tax
130. (1) Notwithstanding anything contained in section 66
of Chapter V of the Finance Act, 1994, as it stood prior to the
1st day of July, 2012, or in section 66B of the said Chapter of
the said Act, as it stood prior to the omission of the said Chapter
vide section 173 of the Central Goods and Services Tax Act,
2017, no service tax shall be levied or collected in respect of
taxable services provided or agreed to be provided by insurance
companies by way of reinsurance under the Weather Based
Crop Insurance Scheme and the Modified National Agricultural
Insurance Scheme during the period commencing from the 1st
day of April, 2011 and ending with the 30th day of June, 2017
(both days inclusive).
Amendment of
Schedule III.
28 of 2005.
No refund of tax
collected.
32 of 1994.
12 of 2017.
Special
provision for
retrospective
exemption from
service tax in
certain cases
relating to
reinsurance
services
provided by
insurance
companies
under Weather
Based Crop
Insurance
Scheme and
70 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(2) Refund shall be made of all such service tax which has
been collected, but which would not have been so collected, had
sub-section (1) been in force at all material times.
Provided that an application for the claim of refund of
service tax shall be made within a period of six months from
the date on which the Finance Bill, 2025 receives the assent of
the President.
(3) Notwithstanding the omission of the said Chapter, the
provisions of the said Chapter shall apply for refund under this
section retrospectively as if the said Chapter had been in force
at all material times.
CHAPTER V
MISCELLANEOUS
PART I
AMENDMENT TO THE UNIT TRUST OF INDIA
(TRANSFER OF UNDERTAKING AND REPEAL)
ACT, 2002
131. In the Unit Trust of India (Transfer of Undertaking and
Repeal) Act, 2002, in section 13, in sub-section (1), for the figures
"2025", the figures "2027" shall be substituted.
PART II
AMENDMENTS TO THE GOVERNMENT SECURITIES
ACT, 2006
WHEREAS it is expedient to amend the law relating to
Government securities and its management by the Reserve
Bank of India;
AND WHEREAS the subject matter of "Public debt of
the State" falls within the ambit of State List of the Seventh
Schedule to the Constitution;
AND WHEREAS in pursuance of clause (1) of article
252 of the Constitution, resolutions have been passed by the
Houses of the Legislatures of the States of Andhra Pradesh,
Chhattisgarh, Haryana, Nagaland, Punjab, Uttarakhand, Uttar
Pradesh and West Bengal that the subject matter aforesaid
should be regulated in those States by Parliament by law.
Modified
National
Agricultural
Insurance
Scheme.
Amendment of
section 13.
Act 58 of
2002.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 71
132. (1) This Part shall apply in the first instance to the
whole of the States of Andhra Pradesh, Chhattisgarh, Haryana,
Nagaland, Punjab, Uttarakhand, Uttar Pradesh and West
Bengal and the Union territories, and it shall also apply to such
other State which adopts this Part by resolution passed in that
behalf under clause (1) of article 252 of the Constitution.
(2) It shall come into force at once in the States of Andhra
Pradesh, Chhattisgarh, Haryana, Nagaland, Punjab,
Uttarakhand, Uttar Pradesh and West Bengal and in the Union
territories, and in any other State which adopts this Part under
clause (1) of article 252 of the Constitution, on the date of such
adoption; and, save as otherwise provided in this Part, any
reference in this Part to the commencement of this Part shall, in
relation to any State, mean the date on which this Part comes
into force in such State.
133. In the Government Securities Act, 2006 (hereinafter
referred to as the principal Act), in the preamble, in paragraph
3, for the words "except the Legislature of the State of Jammu
and Kashmir, to the effect that the matters aforesaid should be
regulated in those States", the words "to the effect that the
matters aforesaid should be regulated in those States" shall be
substituted.
134. In section 1 of the principal Act,—
(a) in sub-section (3), for the words "in the first instance
to whole of the States, except the State of Jammu and
Kashmir, and to all the Union territories and it shall also apply
to the State of Jammu and Kashmir which adopts this Act by
resolution passed in that behalf under clause (1) of article 252
of the Constitution", the words "to all the States and Union
territories" shall be substituted;
(b) in sub-section (4),—
(i) the words "except the State of Jammu and
Kashmir" shall be omitted;
(ii) the words "and in the State of Jammu and Kashmir
which adopts this Act under clause (1) of article 252 of
the Constitution, on such adoption" shall be omitted.
135. In section 2 of the principal Act, in clause (f),—
(i) after the words "any other purpose", the words "and
subject to such terms and conditions" shall be inserted;
(ii) the words and figure "and having one of the forms
mentioned in section 3" shall be omitted.
38 of 2006.
Application of
this Part.
Amendment of
preamble.
Amendment of
section 1.
Amendment of
section 2.
72 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
136. In section 3 of the principal Act, the words ", subject
to such terms and conditions as may be specified," shall be
omitted.
137. In section 5 of the principal Act, in sub-section (4),
after the words "upon the Bank", the words, brackets, letter and
figure "or shall be construed to affect any restriction on
transferability of Government securities contained in any
notification issued under clause (f) of section 2 in respect of
such securities" shall be inserted.
138. In section 31 of the principal Act, sub-sections (1) and
(2) shall be omitted.
139. In section 32 of the principal Act, in sub-section (2), in
clause (a), the words "and the terms and conditions subject to
which" shall be omitted.
140. (1) The Public Debt Act, 1944 is hereby repealed.
(2) Notwithstanding such repeal anything done or any
action taken in the exercise of any power conferred by or under
the repealed Act, shall be deemed to have been done or taken in
the exercise of the power conferred by or under the
Government Securities Act, 2006 as amended by this Part as if
the said Act was in force on the day on which such thing was
done or action was taken.
(3) The rules made by the Central Government under the
repealed Act and in force immediately before the commencement
of this Part, shall be deemed to be the regulations made by the
Bank under the Government Securities Act, 2006.
————
Declaration under the Provisional Collection of Taxes Act, 2023
It is hereby declared that it is expedient in the public interest that
the provisions of sub-clause (a) of clause 98 of this Bill shall have
immediate effect under the Provisional Collection of Taxes Act,
2023.
50 of 2023.
38 of 2006.
38 of 2006.
Amendment of
section 3.
Amendment of
section 5.
Amendment of
section 31.
Amendment of
section 32.
Repeal of Act 18
of 1944 and
savings.
73
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY
THE FIRST SCHEDULE
[See section 2]
PART I
INCOME-TAX
Paragraph A
(I) In the case of every individual other than the individual
referred to in items (II) and (III) of this Paragraph or every Hindu
undivided family or association of persons or body of
individuals, whether incorporated or not, or every artificial
juridical person referred to in sub-clause (vii) of clause (31)
of section 2 of the Income-tax Act, not being a case to which
any other Paragraph of this Part applies,—
Rates of income-tax
+-----------------------+-----------------------------------+
| where the total income | Nil; |
| does not exceed Rs. | |
| 2,50,000 | |
+-----------------------+-----------------------------------+
| where the total income | 5 per cent. of the amount by |
| exceeds Rs. 2,50,000 but| which the total income |
| does not exceed Rs. | exceeds Rs. 2,50,000; |
| 5,00,000 | |
+-----------------------+-----------------------------------+
| where the total income | Rs. 12,500 plus 20 per cent. |
| exceeds Rs. 5,00,000 but| of the amount by which the |
| does not exceed Rs. | total income exceeds Rs. |
| 10,00,000 | 5,00,000; |
+-----------------------+-----------------------------------+
| where the total income | Rs. 1,12,500 plus 30 per |
| exceeds Rs. 10,00,000 | cent. of the amount by which |
| | the total income exceeds |
| | Rs.10,00,00,000. |
+-----------------------+-----------------------------------+
(II) In the case of every individual, being a resident in
India, who is of the age of sixty years or more but less than
eighty years at any time during the previous year,—
Rates of income-tax
+-----------------------+-----------------------------------+
| where the total income | Nil; |
| does not exceed Rs. | |
| 3,00,000 | |
+-----------------------+-----------------------------------+
74 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
+-----------------------+-----------------------------------+
| where the total income | 5 per cent. of the amount by |
| exceeds Rs. 3,00,000 but| which the total income |
| does not exceed Rs. | exceeds Rs. 3,00,000; |
| 5,00,000 | |
+-----------------------+-----------------------------------+
| where the total income | Rs. 10,000 plus 20 per cent. |
| exceeds Rs. 5,00,000 but| of the amount by which the |
| does not exceed Rs. | total income exceeds Rs. |
| 10,00,000 | 5,00,000; |
+-----------------------+-----------------------------------+
| where the total income | Rs. 1,10,000 plus 30 per |
| exceeds Rs. 10,00,000 | cent. of the amount by which |
| | the total income exceeds |
| | Rs.10,00,00,000. |
+-----------------------+-----------------------------------+
(III) In the case of every individual, being a resident in
India, who is of the age of eighty years or more at any time
during the previous year,—
Rates of income-tax
+-----------------------+-----------------------------------+
| where the total income | Nil; |
| does not exceed Rs. | |
| 5,00,000 | |
+-----------------------+-----------------------------------+
| where the total income | 20 per cent. of the amount by |
| exceeds Rs. 5,00,000 but| which the total income |
| does not exceed Rs. | exceeds Rs. 5,00,000; |
| 10,00,000 | |
+-----------------------+-----------------------------------+
| where the total income | Rs. 1,00,000 plus 30 per |
| exceeds Rs. 10,00,000 | cent. of the amount by which |
| | the total income exceeds |
| | Rs.10,00,00,000. |
+-----------------------+-----------------------------------+
Surcharge on income-tax
The amount of income-tax computed as per the preceding
provisions of this Paragraph, or the provisions of section
111A or section 112 or section 112A of the Income-tax Act,
shall, be increased by a surcharge for the purposes of the
Union, calculated, in the case of every individual or Hindu
undivided family or association of persons or body of
individuals, whether incorporated or not, or every artificial
juridical person referred to in sub-clause (vii) of clause (31)
of section 2 of the Income-tax Act,—
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 75
(a) having a total income (including the income by
way of dividend or income under the provisions of sections
111A, 112 and 112A of the Income-tax Act) exceeding fifty
lakh rupees but not exceeding one crore rupees, at the rate
of ten per cent. of such income-tax;
(b) having a total income (including the income by
way of dividend or income under the provisions of sections
111A, 112 and 112A of the Income-tax Act) exceeding one
crore rupees but not exceeding two crore rupees, at the rate
of fifteen per cent. of such income-tax;
(c) having a total income (excluding the income by
way of dividend or income under the provisions of sections
111A, 112 and 112A of the Income-tax Act) exceeding two
crore rupees but not exceeding five crore rupees, at the rate
of twenty-five per cent. of such income-tax; and
(d) having a total income (excluding the income by
way of dividend or income under the provisions of sections
111A, 112 and 112A of the Income-tax Act) exceeding
five crore rupees, at the rate of thirty-seven per cent. of
such income-tax; and
(e) having a total income (including the income by
way of dividend or income under the provisions of sections
111A, 112 and 112A of the Income-tax Act) exceeding
two crore rupees, but is not covered under clauses (c) and
(d), at the rate of fifteen per cent. of such income-tax:
Provided that in case where the total income includes
any income by way of dividend or income chargeable under
sections 111A, 112 and 112A of the Income-tax Act, the rate
of surcharge on the amount of income-tax computed in
respect of that part of income shall not exceed fifteen per
cent.
Provided further that in case of an association of persons
consisting of only companies as its members, the
rate of surcharge on the amount of income-tax shall not
exceed fifteen per cent. :
Provided also that in the case of persons mentioned
above having total income exceeding,—
(a) fifty lakh rupees but not exceeding one crore rupees,
the total amount payable as income-tax and surcharge
on such income shall not exceed the total amount payable
as income-tax on a total income of fifty lakh rupees by
more than the amount of income that exceeds fifty lakh
rupees;
76 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(b) one crore rupees but does not exceed two crore
rupees, the total amount payable as income-tax and
surcharge on such income shall not exceed the total
amount payable as income-tax and surcharge on a total
income of one crore rupees by more than the amount of
income that exceeds one crore rupees;
(c) two crore rupees but does not exceed five crore
rupees, the total amount payable as income-tax and
surcharge on such income shall not exceed the total
amount payable as income-tax and surcharge on a total
income of two crore rupees by more than the amount of
income that exceeds two crore rupees;
(d) five crore rupees, the total amount payable as
income-tax and surcharge thereon shall not exceed the total
amount payable as income-tax and surcharge on a total
income of five crore rupees by more than the amount of
income that exceeds five crore rupees.
Paragraph B
In the case of every co-operative society,—
Rates of income-tax
+-----------------------+-----------------------------------+
| (1) where the total income | 10 per cent. of the total |
| does not exceed Rs.10,000| income; |
+-----------------------+-----------------------------------+
| (2) where the total income | Rs. 1,000 plus 20 per cent. |
| exceeds Rs.10,000 but | of the amount by which the |
| does not exceed Rs. 20,000| total income exceeds Rs. |
| | 10,000; |
+-----------------------+-----------------------------------+
| (3) where the total income | Rs. 3,000 plus 30 per cent. |
| exceeds Rs. 20,000 | of the amount by which the |
| | total income exceeds Rs. |
| | 20,000. |
+-----------------------+-----------------------------------+
Surcharge on income-tax
The amount of income-tax computed as per the preceding
provisions of this Paragraph, or the provisions of section
111A or section 112 or section 112A of the Income-tax Act,
shall, be increased by a surcharge for the purposes of the
Union, calculated in the case of every co-operative
society,—
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 77
(a) having a total income exceeding one crore rupees
but not exceeding ten crore rupees, at the rate of seven per
cent. of such income-tax;
(b) having a total income exceeding ten crore rupees,
at the rate of twelve per cent. of such income-tax:
Provided that in the case of every co-operative society
having total income exceeding ten crore rupees, the total
amount payable as income-tax and surcharge on such
income shall not exceed the total amount payable as income-
tax and surcharge on a total income of ten crore rupees by
more than the amount of income that exceeds ten crore
rupees.
Provided further that in the case of every co-operative
society having total income exceeding ten crore rupees, the
total amount payable as income-tax and surcharge on such
income shall not exceed the total amount payable as income-
tax and surcharge on a total income of ten crore rupees by
more than the amount of income that exceeds ten crore
rupees.
Paragraph C
In the case of every firm,—
Rate of income-tax
On the whole of the total income 30 per cent.
Surcharge on income-tax
The amount of income-tax computed as per the preceding
provisions of this Paragraph, or the provisions of section
111A or section 112 or section 112A of the Income-tax Act,
shall, in the case of every firm, having a total income
exceeding one crore rupees, be increased by a surcharge for
the purposes of the Union calculated at the rate of twelve per
cent. of such income-tax:
Provided that in the case of every firm mentioned
above having total income exceeding one crore rupees, the
total amount payable as income-tax and surcharge on such
income shall not exceed the total amount payable as income-
tax on a total income of one crore rupees by more than the
amount of income that exceeds one crore rupees.
Paragraph D
In the case of every local authority,—
78 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Rate of income-tax
On the whole of the total income 30 per cent.
Surcharge on income-tax
The amount of income-tax computed as per the preceding
provisions of this Paragraph, or the provisions of section
111A, or section 112 or section 112A of the Income-tax Act,
shall, in the case of every local authority, having total income
exceeding one crore rupees, be increased by a surcharge for
the purposes of the Union calculated at the rate of twelve per
cent. of such income-tax:
Provided that in the case of every local authority
mentioned above having total income exceeding one crore
rupees, the total amount payable as income-tax and surcharge
on such income shall not exceed the total amount payable
as income-tax and surcharge on a total income of one crore
rupees by more than the amount of income that exceeds one
crore rupees.
Paragraph E
In the case of a company,—
Rates of income-tax
I. In the case of a domestic company,—
(i) where its total turnover or 25 per cent. of the total
the gross receipt in the income;
previous year 2023-2024
does not exceed four
hundred crore rupees
(ii) other than that referred 30 per cent. of the total
to in item (i) income.
II. In the case of a company other than a domestic
company,—
(i) on so much of the total income 50 per cent.;
as consists of,—
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 79
(a) royalties received from Government or an Indian
concern in pursuance of an agreement made by it with the
Government or the Indian concern after the 31st March,
1961 but before the 1st April, 1976; or
(b) fees for rendering technical services received from
Government or an Indian concern in pursuance of an
agreement made by it with the Government or the Indian
concern after the 29th day of February, 1964 but before the
1st April, 1976,
and where such agreement has, in either case, been approved by the
Central Government
(ii) on the balance, if any, of the 35 per cent.
total income
Surcharge on income-tax
The amount of income-tax computed as per the preceding
provisions of this Paragraph, or the provisions of section
111A or section 112 or section 112A of the Income-tax Act,
shall, be increased by a surcharge for the purposes of the
Union, calculated,—
(i) in the case of every domestic company,—
(a) having a total income exceeding one crore rupees
but not exceeding ten crore rupees, at the rate of seven per
cent. of such income-tax;
(b) having a total income exceeding ten crore rupees,
at the rate of twelve per cent. of such income-tax;
(ii) in the case of every company other than a domestic
company,—
(a) having a total income exceeding one crore rupees
but not exceeding ten crore rupees, at the rate of two per
cent. of such income-tax; and
(b) having a total income exceeding ten crore rupees,
at the rate of five per cent. of such income-tax:
Provided that in the case of every company having a
total income exceeding ten crore rupees, the total income
payable as income-tax and surcharge on such income shall not
exceed the total amount payable as income-tax and surcharge
on a total income of one crore rupees by more than the
amount of income that exceeds one crore rupees.
80 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Provided further that in the case of every company
having a total income exceeding ten crore rupees, the total
amount payable as income-tax and surcharge on such income shall not
exceed the total amount payable as income-tax and surcharge on a total
income of ten crore rupees by more than the amount of income that
exceeds ten crore rupees.
PART II
RATES FOR DEDUCTION OF TAX AT SOURCE IN CERTAIN
CASES
In every case in which tax under the provisions of sections
193, 194, 194A, 194B, 194BA, 194BB, 194D, 194LBA, 194LBB,
194LBC and 195 of the Income-tax Act, is to be deducted at
the rates in force, deduction shall be made from the income
subject to the deduction at the following rates:—
1. In the case of a person other than a
company—
(a) where the person is resident in
India—
(i) on income by way of interest 10 per cent.;
other than "Interest on securities"
(ii) on income by way of winnings 30 per cent.;
from lotteries, puzzles, card games and
other games of any sort (other than
winnings from online games)
(iii) on income by way of winnings 30 per cent.;
from horse races
(iv) on income by way of net 30 per cent.;
winnings from online games
Rate of
income-tax
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 81
(v) on income by way of insurance 2 per cent.;
commission
(vi) on income by way of interest 10 per cent.;
payable on—
(A) any debentures or
securities for money issued by or
on behalf of any local authority or
a corporation established by a
Central Act, State Act or
Provincial Act;
(B) any debentures issued by a
company where such debentures
are listed on a recognised stock
exchange in India as per the
Securities Contracts (Regulation)
Act, 1956 (42 of
1956) and the rules made
thereunder;
(C) any security of the Central
Government or State Government;
(vii) on any other income 10 per cent.;
(b) where the person is not resident in
India—
(i) in the case of a non-resident
Indian—
(A) on any investment income 20 per cent.;
(B) on income by way of long- 12.5 per cent.;
term capital gains referred to in sub-
clause (iii) of clause (c) of sub-section (1) of
section 112
(C) on income by way of long- 12.5 per cent.;
term capital gains referred to in section
112A exceeding one lakh
twenty-five thousand rupees
(D) on other income by way of 12.5 per cent.,
long-term capital gains [not being
82 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
long-term capital gains referred to in
clauses (33) and (36) of section 10]
(E) on income by way of short- 20 per cent.;
term capital gains referred to in section
111A
(F) on income by way of interest 20 per cent.;
payable by Government or an Indian
concern on moneys borrowed or
debt incurred by Government or the
Indian concern in foreign currency
(not being income by way of interest
referred to in section 194LB or
section 194LC)
(G) on income by way of royalty 20 per cent.;
payable by Government or an Indian
concern in pursuance of an
agreement made by it with the
Government or the Indian concern
where such royalty is in
consideration for the transfer of all
or any rights (including the granting
of a licence) in respect of copyright
in any book on a subject referred to
in the first proviso to sub-section
(1A) of section 115A of the Income-
tax Act, to the Indian concern, or in
respect of any computer software
referred to in the second proviso to
sub-section (1A) of section 115A of
the Income-tax Act, to a person
resident in India
(H) on income by way of royalty 20 per cent.;
[not being royalty of the nature
referred to in sub-item (G)(b)]
payable by Government or an Indian
concern in pursuance of an
agreement made by it with the
Government or the Indian concern
and where such agreement is
approved by the Central
Government or where it relates to a
matter included in the industrial
policy, for the time being in force, of
the Government of India, the
agreement is in accordance with that
policy
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 83
(I) on income by way of fees for 20 per cent.;
technical services payable by
Government or an Indian concern in
pursuance of an agreement made by
it with the Government or the Indian
concern and where such agreement
is with an Indian concern, the
agreement is approved by the
Central Government or where it
relates to a matter included in the
industrial policy, for the time being in
force, of the Government of India,
the agreement is in accordance with
that policy
(J) on income from lotteries, crossword 30 per cent.;
puzzles, card games and other
games of any sort (other than
winnings from online games)
(K) winnings from horse races 30 per cent.;
(L) winnings from online games 30 per cent.;
(M) on the income by way of 10 per cent.;
dividend, referred to in the proviso
to sub-clause (a) of clause (1) of
sub-section (1) of section 115A
(N) on income by way of 20 per cent.;
dividend other than the income
referred to in sub-item (M)
(O) on the whole of the other 30 per cent.;
income
(ii) in the case of any other
person—
(A) on income by way of interest 20 per cent.;
payable by Government or an Indian
concern on moneys borrowed or
debt incurred by Government or the
Indian concern in foreign currency
(not being income by way of interest
referred to in section 194LB or
section 194LC)
84 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(B) on income by way of royalty 20 per cent.;
payable by Government or an Indian
concern in pursuance of an
agreement made by it with the
Government or the Indian concern
where such royalty is in
consideration for the transfer of all
or any rights (including the granting
of a licence) in respect of copyright
in any book on a subject referred to
in the first proviso to sub-section
(1A) of section 115A of the Income-
tax Act, to the Indian concern, or in
respect of any computer software
referred to in the second proviso to
sub-section (1A) of section 115A of
the Income-tax Act, to a person
resident in India
(C) on income by way of royalty 20 per cent.;
[not being royalty of the nature
referred to in sub-item (B)] payable
by Government or an Indian concern
in pursuance of an agreement made
by it with the Government or the
Indian concern and where such
agreement is approved by the
Central Government or where it
relates to a matter included in the
industrial policy, for the time being in
force, of the Government of India,
the agreement is in accordance with
that policy
(D) on income by way of fees for 20 per cent.;
technical services payable by
Government or an Indian concern in
pursuance of an agreement made by
it with the Government or the Indian
concern and where such agreement
is with an Indian concern, the
agreement is approved by the
Central Government or where it
relates to a matter included in the
industrial policy, for the time being in
force, of the Government of India,
the agreement is in accordance with
that policy
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 85
(E) winnings from lotteries, crossword 30 per cent.;
puzzles, card games and other games
of any sort (other than winnings from
online games)
(F) winnings from horse races 30 per cent.;
(G) winnings from online games 30 per cent.;
(H) on income by way of short- 20 per cent.;
term capital gains referred to in
section 111A
(I) on income by way of long- 12.5 per cent.;
term capital gains referred to in sub-
clause (iii) of clause (c) of sub-
section (1) of section 112
(J) on income by way of long- 12.5 per cent.;
term capital gains referred to in section
112A exceeding one lakh
twenty-five thousand rupees
(K) on income by way of other 12.5 per cent.;
long-term capital gains [not being
long-term capital gains referred to in
clauses (33) and (36) of section 10]
(L) on income by way of 10 per cent.;
dividend, referred to in the proviso
to sub-clause (a) of clause (1) of
sub-section (1) of section 115A
(M) on income by way of 20 per cent.;
dividend other than the income
referred to in sub-item (L)
(N) on the whole of the other 30 per cent.;
income
2. In the case of a company—
86 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(a) where the company is a domestic
company—
(i) on income by way of interest 10 per cent.;
other than "Interest on securities"
(ii) on income by way of 30 per cent.;
winnings from lotteries, puzzles, card
games and other games of any sort
(other than winnings from online
games)
(iii) on income by way of winnings 30 per cent.;
from horse races
(iv) winnings from online games 30 per cent.;
(v) on any other income 10 per cent.;
(b) where the company is not a
domestic company—
(i) on income by way of 30 per cent.;
winnings from lotteries, crossword
puzzles, card games and other
games of any sort (other than winnings
from online games)
(ii) on income by way of winnings 30 per cent.;
from horse races
(iii) winnings from online games 30 per cent.;
(iv) on income by way of interest 20 per cent.;
payable by Government or an Indian
concern on moneys borrowed or
debt incurred by Government or the
Indian concern in foreign currency
(not being income by way of interest
referred to in section 194LB or
section 194LC)
(v) on income by way of royalty 20 per cent.;
payable by Government or an Indian
concern in pursuance of an
agreement made by it with the
Government or the Indian concern
after the 31st March, 1976 where
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 87
such royalty is in consideration for
the transfer of all or any rights
(including the granting of a licence) in
respect of copyright in any book on a
subject referred to in the first proviso
to sub-section (1A) of section 115A
of the Income-tax Act, to the Indian
concern, or in respect of any computer
software referred to in the second
proviso to sub-section (1A) of section
115A of the Income-tax Act, to a
person resident in India
(vi) on income by way of royalty 20 per cent.;
[not being royalty of the nature
referred to in item (v)] payable by
Government or an Indian concern in
pursuance of an agreement made by
it with the Government or the Indian
concern and where such agreement
is with an Indian concern, the
agreement is approved by the
Central Government or where it
relates to a matter included in the
industrial policy, for the time being in
force, of the Government of India, the
agreement is in accordance with that
policy
(A) where the agreement is 50 per cent.;
made after the 31st March, 1961
but before the 1st day of April,
1976
(B) where the agreement is 20 per cent.;
made after the 31st March,
1976
(vii) on income by way of fees for 50 per cent.;
technical services payable by
Government or an Indian concern in
pursuance of an agreement made by
it with the Government or the Indian
concern and where such agreement
is with the Indian concern, the
agreement is approved by the
Central Government or where it
relates to a matter included in the
industrial policy, for the time being in
force, of the Government of India, the
agreement is in accordance with that
policy—
88 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(A) where the agreement is 50 per cent.;
made after the 29th February,
1964 but before the 1st April,
1976
(B) where the agreement is 20 per cent.;
made after the 31st March,
1976
(viii) on income by way of short- 20 per cent.;
term capital gains referred to in
section 111A
(ix) on income by way of long- 12.5 per cent.;
term capital gains referred to in sub-
clause (iii) of clause (c) of sub-
section (1) of section 112
(x) on income by way of long- 12.5 per cent.;
term capital gains referred to in
section 112A exceeding one lakh
twenty-five thousand rupees
(xi) on income by way of other 12.5 per cent.;
long-term capital gains [not being
long-term capital gains referred to in
clauses (33) and (36) of section 10]
(xii) on income by way of 10 per cent.;
dividend, referred to in the proviso
to sub-clause (a) of clause (1) of
sub-section (1) of section 115A
(xiii) on income by way of 20 per cent.;
dividend other than the income
referred to in item (xii)
(xiv) on any other income 35 per cent.
Explanation.—For the purposes of item 1(b)(i) of this Part,
"investment income" and "non-resident Indian" shall have the
meanings respectively assigned to them in Chapter XII-A of
the Income-tax Act.
Surcharge on income-tax
The amount of income-tax deducted as per the provisions
of—
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 89
(i) item 1 of this Part, shall be increased by a
surcharge, for the purposes of the Union,—
(a) in the case of every individual or Hindu
undivided family or association of persons, except in
case of an association of persons consisting of only
companies as its members, or body of individuals,
whether incorporated or not, or every artificial
juridical person referred to in sub-clause (vii) of
clause (31) of section 2 of the Income-tax Act, being
a non-resident, calculated,—
I. at the rate of ten per cent. of such tax, where
the income or the aggregate of such incomes
(excluding the income by way of dividend under the
provisions of sections 111A, 112 and 112A of the Income-
tax Act) paid or likely to be paid and subject to the
deduction exceeds fifty lakh rupees but does not
exceed one crore rupees;
II. at the rate of fifteen per cent. of such tax,
where the income or the aggregate of such
incomes (including the income by way of
dividend or income under the provisions of
sections 111A, 112 and 112A of the Income-tax
Act) paid or likely to be paid and subject to the
deduction exceeds one crore rupees but does not
exceed two crore rupees;
III. at the rate of twenty-five per cent. of such tax,
where the income or the aggregate of such
incomes (excluding the income by way of
dividend or income under the provisions of
sections 111A, 112 and 112A of the Income-tax
Act) paid or likely to be paid and subject to the
deduction exceeds two crore rupees but does not
exceed five crore rupees;
IV. at the rate of thirty-seven per cent. of such tax,
where the income or the aggregate of such
incomes (excluding the income by way of
dividend or income under the provisions of
sections 111A, 112 and 112A of the Income-tax
Act) paid or likely to be paid and subject to the
deduction exceeds five crore rupees; and
V. at the rate of fifteen per cent. of such tax, where
the income or the aggregate of such
incomes (including the income by way of
90 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
dividend or income under the provisions of
sections 111A, 112 and 112A of the Income-tax
Act) paid or likely to be paid and subject to the
deduction exceeds two crore rupees, but is not
covered under sub-clauses III and IV:
Provided that in case where the total income
includes any income by way of dividend or income
chargeable under sections 111A, 112 and 112A of the Income-
tax Act, the rate of surcharge on the amount of income-tax
computed in respect of that part of income shall not exceed
fifteen per cent.;
Provided further that where the income of such
person is chargeable to tax under sub-section (1A) of
section 115BAC of the Income-tax Act, the rate of surcharge
shall not exceed twenty-five per cent.;
(b) in the case of every co-operative society, being
a non-resident, calculated,—
I. at the rate of seven per cent. of such tax, where
the income or the aggregate of such incomes paid or
likely to be paid and subject to the deduction does
not exceed ten crore rupees;
II. at the rate of twelve per cent. of such tax, where
the income or the aggregate of such incomes paid or
likely to be paid and subject to the deduction exceeds
ten crore rupees;
(c) in the case of an association of persons being a
non-resident, and consisting of only companies as its
members, calculated,—
I. at the rate of ten per cent. of such tax, where the
income or the aggregate of such incomes paid or
likely to be paid and subject to the deduction
exceeds fifty lakh rupees but does not exceed one
crore rupees;
II. at the rate of fifteen per cent. of such tax, where
the income or the aggregate of such incomes paid or
likely to be paid and subject to the deduction
exceeds one crore rupees;
(d) in the case of every firm, being a non-
resident, calculated at the rate of twelve per cent. of
such tax, where the income or the aggregate of such
incomes paid or likely to be paid and subject to the
deduction exceeds one crore rupees;
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 91
(ii) item 2 of this Part shall be increased by a
surcharge, for the purposes of the Union, in the case of
every company other than a domestic company,
calculated,—
(a) at the rate of two per cent. of such tax, where the
income or the aggregate of such incomes paid or
likely to be paid and subject to the deduction exceeds
one crore rupees but does not exceed ten crore rupees;
and
(b) at the rate of five per cent. of such tax, where
the income or the aggregate of such incomes paid or
likely to be paid and subject to the deduction exceeds
ten crore rupees.
PART III
RATES FOR CHARGING INCOME-TAX IN CERTAIN CASES,
DEDUCTING INCOME-TAX FROM INCOME CHARGEABLE
UNDER THE HEAD "SALARIES" AND COMPUTING
"ADVANCE TAX"
In cases in which income-tax has to be charged under
sub-section (4) of section 172 of the Income-tax Act or sub-
section (2) of section 174 or section 174A or section 175 or
sub-section (2) of section 176 of the said Act or deducted from,
or paid on, income chargeable under the head "Salaries" under
section 192 or deducted under section 194P of the said Act or
in which the "advance tax" payable under Chapter XVII-C of
the said Act has to be computed at the rate or rates in force,
such income-tax or, as the case may be, "advance tax" shall be
computed at the following rate or rates and such income-tax or,
as the case may be, "advance tax" as computed shall be
increased by a surcharge for the purposes of the Union, calculated
in such cases and in such manner as provided therein, and
such income-tax or, as the case may be, "advance tax" as so
increased, shall be further increased by an additional surcharge
for the purposes of the Union, to be called the "Health and
Education Cess on income-tax", calculated at the rate of four
per cent. of such income-tax and surcharge thereon except in
case of income tax computed on income chargeable to tax under
section 115AA or section 115AB or section 115AC or section
115ACA or section 115AD or section 115BAA or section 115BAB or section
115BAC or section 115BAD or section 115BAE or section
115BBA or section 115BBB or section 115BBC or section
115BBD or section 115BBE or section 115BBF or section 115BBG or section
92 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
115BBH or section 115BBI or section 115BBJ or section
115E or section 115JB or section 115JC] shall be charged,
deducted or computed at the following rate or rates:—
Paragraph A
(I) In the case of every individual other than the individual
referred to in items (II) and (III) of this Paragraph or every Hindu
undivided family or association of persons or body of
individuals, whether incorporated or not, or every artificial
juridical person referred to in sub-clause (vii) of clause (31)
of section 2 of the Income-tax Act, not being a case to which
any other Paragraph of this Part applies,—
Rates of income-tax
+-----------------------+-----------------------------------+
| (1) where the total income | Nil; |
| does not exceed Rs. | |
| 2,50,000 | |
+-----------------------+-----------------------------------+
| (2) where the total income | 5 per cent. of the amount by |
| exceeds Rs. 2,50,000 but| which the total income |
| does not exceed Rs. | exceeds Rs. 2,50,000; |
| 5,00,000 | |
+-----------------------+-----------------------------------+
| (3) where the total income | Rs. 12,500 plus 20 per cent. |
| exceeds Rs. 5,00,000 but| of the amount by which the |
| does not exceed Rs. | total income exceeds Rs. |
| 10,00,000 | 5,00,000; |
+-----------------------+-----------------------------------+
| (4) where the total income | Rs. 1,12,500 plus 30 per |
| exceeds Rs. 10,00,000 | cent. of the amount by which |
| | the total income exceeds |
| | Rs.10,00,00,000. |
+-----------------------+-----------------------------------+
(II) In the case of every individual, who is of the age of sixty years or more but less than eighty
years at any time during the previous year,—
Rates of income-tax
+-----------------------+-----------------------------------+
| (1) where the total income | Nil; |
| does not exceed Rs. | |
| 3,00,000 | |
+-----------------------+-----------------------------------+
| (2) where the total income | 5 per cent. of the amount by |
| exceeds Rs. 3,00,000 but| which the total income |
| does not exceed Rs. | exceeds Rs. 3,00,000; |
| 5,00,000 | |
+-----------------------+-----------------------------------+
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 93
+-----------------------+-----------------------------------+
| (3) where the total income | Rs. 10,000 plus 20 per cent. |
| exceeds Rs. 5,00,000 but| of the amount by which the |
| does not exceed Rs. | total income exceeds Rs. |
| 10,00,000 | 5,00,000; |
+-----------------------+-----------------------------------+
| (4) where the total income | Rs. 1,10,000 plus 30 per |
| exceeds Rs. 10,00,000 | cent. of the amount by which |
| | the total income exceeds |
| | Rs.10,00,00,000. |
+-----------------------+-----------------------------------+
(III) In the case of every individual, being a resident
in India, who is of the age of eighty years or more at any time
during the previous year,—
Rates of income-tax
+-----------------------+-----------------------------------+
| (1) where the total income | Nil; |
| does not exceed Rs. | |
| 5,00,000 | |
+-----------------------+-----------------------------------+
| (2) where the total income | 20 per cent. of the amount by |
| exceeds Rs. 5,00,000 but| which the total income |
| does not exceed Rs. | exceeds Rs. 5,00,000; |
| 10,00,000 | |
+-----------------------+-----------------------------------+
| (3) where the total income | Rs. 1,00,000 plus 30 per |
| exceeds Rs. 10,00,000 | cent. of the amount by which |
| | the total income exceeds |
| | Rs.10,00,00,000. |
+-----------------------+-----------------------------------+
Surcharge on income-tax
The amount of income-tax computed in accordance with
the preceding provisions of this Paragraph, or the provisions
of section 111A or section 112 or section 112A of the Income-
tax Act, shall, be increased by a surcharge for the purposes of
the Union, calculated, in the case of every individual or Hindu
undivided family or association of persons or body of
individuals, whether incorporated or not, or every artificial
juridical person referred to in sub-clause (vii) of clause (31)
of section 2 of the Income-tax Act,—
(a) having a total income (including the income by
way of dividend or income under the provisions of section
111A, 112 and 112A of the Income-tax Act) exceeding fifty
lakh rupees but not exceeding one crore rupees, at the rate
of ten per cent. of such income-tax;
94 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(b) having a total income (including the income by
way of dividend or income under the provisions of section
111A, 112 and 112A of the Income-tax Act) exceeding one
crore rupees but not exceeding two crore rupees, at the rate
of fifteen per cent. of such income-tax;
(c) having a total income (excluding the income by
way of dividend or income under the provisions of sections
111A, 112 and 112A of the Income-tax Act) exceeding two
crore rupees but not exceeding five crore rupees, at the rate
of twenty-five per cent. of such income-tax;
(d) having a total income (excluding the income by
way of dividend or income under the provisions of sections
111A, 112 and 112A of the Income-tax Act) exceeding
five crore rupees, at the rate of thirty-seven per cent. of
such income-tax; and
(e) having a total income (including the income by
way of dividend or income under the provisions of sections
111A, 112 and 112A of the Income-tax Act) exceeding
two crore rupees, and shall be applicable at the rate of fifteen
per cent. of such income-tax:
Provided that in case where the total income includes
any income by way of dividend or income chargeable under
sections 111A, 112 and 112A of the Income-tax Act, the rate
of surcharge on the amount of income-tax computed in
respect of that part of income shall not exceed fifteen per
cent. :
Provided also that in case of an association of persons
consisting of only companies as its members, the
rate of surcharge on the amount of income-tax shall not
exceed fifteen per cent. :
Provided also that in the case of persons mentioned
above having total income exceeding,—
(a) fifty lakh rupees but not exceeding one crore rupees,
the total amount payable as income-tax and surcharge
on such income shall not exceed the total amount payable
as income-tax on a total income of fifty lakh rupees by
more than the amount of income that exceeds fifty lakh
rupees;
(b) one crore rupees but does not exceed two crore
rupees, the total amount payable as income-tax and
surcharge on such income shall not exceed the total
amount payable as income-tax and surcharge on a total
income of one crore rupees by more than the amount of
income that exceeds one crore rupees;
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 95
(c) two crore rupees but does not exceed five crore
rupees, the total amount payable as income-tax and
surcharge on such income shall not exceed the total
amount payable as income-tax and surcharge on a total
income of two crore rupees by more than the amount of
income that exceeds two crore rupees;
(d) five crore rupees, the total amount payable as
income-tax and surcharge thereon shall not exceed the total
amount payable as income-tax and surcharge on a total
income of five crore rupees by more than the amount of
income that exceeds five crore rupees.
Paragraph B
In the case of every co-operative society,—
Rates of income-tax
+-----------------------+-----------------------------------+
| (1) where the total income | 10 per cent. of the total |
| does not exceed Rs.10,000| income; |
+-----------------------+-----------------------------------+
| (2) where the total income | Rs. 1,000 plus 20 per cent. |
| exceeds Rs.10,000 but | of the amount by which the |
| does not exceed Rs. 20,000| total income exceeds Rs. |
| | 10,000; |
+-----------------------+-----------------------------------+
| (3) where the total income | Rs. 3,000 plus 30 per cent. |
| exceeds Rs. 20,000 | of the amount by which the |
| | total income exceeds Rs. |
| | 20,000. |
+-----------------------+-----------------------------------+
Surcharge on income-tax
The amount of income-tax computed in accordance with
the preceding provisions of this Paragraph, or the provisions
of section 111A, or section 112 or section 112A of the Income-
tax Act, shall, be increased by a surcharge for the purpose of
the Union, calculated in the case of every co-operative
society,—
(a) having a total income exceeding one crore rupees
but not exceeding ten crore rupees, at the rate of seven per
cent. of such income-tax;
(b) having a total income exceeding ten crore rupees,
at the rate of twelve per cent. of such income-tax:
96 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Provided that in the case of every co-operative society
having total income exceeding one crore rupees but not
exceeding ten crore rupees, the total amount payable as income-tax and
surcharge on such income shall not exceed the total amount
payable as income-tax and surcharge on a total income of one
crore rupees by more than the amount of income that exceeds
one crore rupees;
Provided further that in the case of every co-operative
society having total income exceeding ten crore rupees, the total
amount payable as income-tax and surcharge on such income shall not
exceed the total amount payable as income-tax and surcharge on a total
income of ten crore rupees by more than the amount of income that
exceeds ten crore rupees.
Paragraph C
In the case of every firm,—
Rate of income-tax
On the whole of the total income 30 per cent.
Surcharge on income-tax
The amount of income-tax computed in accordance with
the preceding provisions of this Paragraph, or the provisions
of section 111A, or section 112 or section 112A of the Income-
tax Act, shall, in the case of every firm, having a total income
exceeding one crore rupees, be increased by a surcharge for
the purposes of the Union calculated at the rate of twelve per
cent. of such income-tax:
Provided that in the case of every firm mentioned
above having total income exceeding one crore rupees, the
total amount payable as income-tax and surcharge on such
income shall not exceed the total amount payable as income-
tax on a total income of one crore rupees by more than the
amount of income that exceeds one crore rupees.
Paragraph D
In the case of every local authority,—
Rate of income-tax
On the whole of the total income 30 per cent.
Surcharge on income-tax
The amount of income-tax computed in accordance with
the preceding provisions of this Paragraph, or the provisions
of section 111A, or section 112 or section 112A of the Income-
tax Act, shall, in the case of every local authority, having a total
income exceeding one crore rupees, be increased by a surcharge
for the purposes of the Union calculated at the rate of twelve
per cent. of such income-tax:
Provided that in the case of every local authority
mentioned above having total income exceeding one crore
rupees, the total amount payable as income-tax and surcharge
on such income shall not exceed the total amount payable as
income-tax and surcharge on a total income of one crore
rupees by more than the amount of income that exceeds one
crore rupees.
Paragraph E
In the case of a company,—
Rates of income-tax
(f) In the case of a domestic company,—
(i) where its total turnover or 25 per cent. of the total
the gross receipt in the income;
previous year 2023-2024
does not exceed four
hundred crore rupees
(ii) other than that referred 30 per cent. of the total
to in item (i) income.
(ff) In the case of a company other than a domestic
company,—
(i) on so much of the total income 50 per cent.;
as consists of,—
(a) royalties received from Government or an Indian
concern in pursuance of an agreement made by it with the
Government or the Indian concern after the 31st day of
March, 1961 but before the 1st day of April, 1976;
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 97
98 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(b) fees for rendering technical services received
from Government or an Indian concern in pursuance of an
agreement made by it with the Government or the Indian
concern after the 29th day of February, 1964 but before the
1st day of April, 1976,
and where such agreement has, in either case, been approved by the
Central Government;
(ii) on the balance, if any, of the total income 35 per cent.
Surcharge on income-tax
The amount of income-tax computed as per the preceding
provisions of this Paragraph, or the provisions of section
111A or section 112 or section 112A of the Income-tax Act,
shall, be increased by a surcharge for the purposes of the
Union, calculated,—
(i) in the case of every domestic company,—
(a) having a total income exceeding one crore rupees
but not exceeding ten crore rupees, at the rate of seven per
cent. of such income-tax;
(b) having a total income exceeding ten crore rupees,
at the rate of twelve per cent. of such income-
tax;
(ii) in the case of every company other than a domestic
company,—
(a) having a total income exceeding one crore rupees
but not exceeding ten crore rupees, at the rate of two per
cent. of such income-tax; and
(b) having a total income exceeding ten crore rupees,
at the rate of five per cent. of such income-tax:
Provided that in the case of every company having a
total income exceeding one crore rupees but not exceeding
ten crore rupees, the total amount payable as income-tax and
surcharge on such income shall not exceed the total amount
payable as income-tax and surcharge on a total income of one
crore rupees by more than the amount of income that exceeds
one crore rupees.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 99
Provided further that in the case of every company
having a total income exceeding ten crore rupees, the total
amount payable as income-tax and surcharge on such income shall not
exceed the total amount payable as income-tax and surcharge on a total
income of ten crore rupees by more than the amount of income that
exceeds ten crore rupees.
PART IV
[See section 2(13)(c)]
RULES FOR COMPUTATION OF NET
AGRICULTURAL INCOME
Rule 1.—Agricultural income of the nature referred to in
sub-clause (a) of clause (1A) of section 2 of the Income-tax
Act shall be computed as if it were income chargeable to
income-tax under the head "Income from other sources" and
the provisions of sections 57 to 59 of that Act shall, so far as
may be, apply accordingly:
Provided that sub-section (2) of section 58 shall apply
subject to the modification that the reference to section 40A
therein shall be construed as not including a reference to sub-
sections (3), (3A) and (4) of section 40A.
Rule 2.—Agricultural income of the nature referred to in
sub-clause (b) or sub-clause (c) of clause (1A) of section 2 of
the Income-tax Act [other than income derived from any
building requiring to be a dwelling-house by the cultivator or
the receiver of rent-in-kind referred to in the said sub-clause (c)]
shall be computed as if it were income chargeable to income-
tax under the head "Profits and gains of business or profession"
and the provisions of sections 30, 31, 32, 36, 37, 38, 40, 40A,
[other than sub-sections (3), (3A) and (4) thereof], 41, 43, 43A, 43B
and 43C of the Income-tax Act shall, so far as may be, apply
accordingly.
Rule 3.— Agricultural income of the nature referred to in
sub-clause (c) of clause (1A) of section 2 of the Income-tax
Act, being income derived from any building requiring to be a
dwelling-house by the receiver of the rent or revenue or the
cultivator or the receiver of rent-in-kind referred to in the said
sub-clause (c) shall be computed as if it were income
chargeable to income-tax under that Act under the head
"Income from house property" and the provisions of sections
23 to 27 of that Act shall, so far as may be, apply accordingly.
100 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Rule 4.—Irrespective of anything contained in any other
provisions of these rules, in a case—
(a) where the assessee derives income from sale of tea
grown and manufactured by him in India, such income shall
be computed as per rule 8 of the Income-tax Rules, 1962,
and sixty per cent. of such income shall be regarded as the
agricultural income of the assessee;
(b) where the assessee derives income from sale of
centrifuged latex or creeper or latex based crepes (such as
pale latex crepe) or brown crepes (such as estate brown
crepe, re-milled crepe, smoked blanket crepe or flat bark
crepe) or technically specified block rubbers
manufactured or processed by him from rubber plants
grown by him in India, such income shall be computed as
per rule 7A of the Income-tax Rules, 1962, and sixty-five
per cent. of such income shall be regarded as the
agricultural income of the assessee;
(c) where the assessee derives income from sale of
coffee grown and manufactured by him in India, such
income shall be computed as per rule 7B of the Income-
tax Rules, 1962, and sixty per cent. or seventy-five per
cent., as the case may be, of such income shall be regarded
as the agricultural income of the assessee.
Rule 5.—Where the assessee is a member of an
association of persons or a body of individuals (other than a
Hindu undivided family, a company or a firm) which in the
previous year has either no income chargeable to tax under
the Income-tax Act or has total income not exceeding the
maximum amount not chargeable to tax in the case of an
association of persons or a body of individuals (other than a
Hindu undivided family, a company or a firm), but has any
agricultural income then, the agricultural income or loss of
the association or body shall be computed in accordance with
these rules and the share of the assessee in the agricultural
income or loss, so computed, shall be regarded as the
agricultural income or loss of the assessee.
Rule 6.—Where the result of the computation for the
previous year in respect of any source of agricultural income
is a loss, such loss shall be set off against the income of the
assessee, if any, for that previous year from any other source
of agricultural income:
Provided that where the assessee is a member of an
association of persons or a body of individuals and the share
of the assessee in the agricultural income of the association or
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 101
body, as the case may be, is a loss, such loss shall not be set
off against any income of the assessee for the previous year
from any other source of agricultural income.
Rule 7.—Any sum payable by the assessee on account of
any tax levied by the State Government on the agricultural
income shall be deducted in computing the agricultural
income.
Rule 8.—(1) Where the assessee has, in the previous year
relevant to the assessment year commencing on the 1st April,
2025, any agricultural income and the net result of the
computation of the agricultural income of the assessee for any
one or more of the previous years relevant to the assessment
years commencing on the 1st April, 2017, or the 1st April,
2018, or the 1st April, 2019 or the 1st April, 2020 or the 1st
April, 2021 or the 1st April, 2022, or the 1st April, 2023, or
the 1st April, 2024, is a loss, then, for the purposes of sub-
section (2) of section 2 of this Act,—
(i) the loss so computed for the previous year
relevant to the assessment year commencing on the 1st
April, 2017, to the extent, if any, such loss has not been
set off against the agricultural income for the previous
year relevant to the assessment year commencing on the
1st April, 2018 or the 1st April, 2019 or the 1st April,
2020, or the 1st April, 2021 or the 1st April, 2022 or the
1st April, 2023, or the 1st April, 2024;
(ii) the loss so computed for the previous year
relevant to the assessment year commencing on the 1st
April, 2018, to the extent, if any, such loss has not been
set off against the agricultural income for the previous
year relevant to the assessment year commencing on the
1st April, 2019 or the 1st April, 2020 or the 1st April,
2021 or the 1st April, 2022 or the 1st April, 2023, or the
1st April, 2024;
(iii) the loss so computed for the previous year
relevant to the assessment year commencing on the 1st
April, 2019, to the extent, if any, such loss has not been
set off against the agricultural income for the previous
year relevant to the assessment year commencing on the
1st April, 2020 or the 1st April, 2021 or the 1st April,
2022 or the 1st April, 2023, or the 1st April, 2024;
(iv) the loss so computed for the previous year
relevant to the assessment year commencing on the 1st
April, 2020, to the extent, if any, such loss has not been
set off against the agricultural income for the previous
year relevant to the assessment year commencing on the
1st April, 2021 or the 1st April, 2022 or the 1st April,
2023, or the 1st April, 2024;
102 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
year relevant to the assessment year commencing on the
1st April, 2025;
(v) the loss so computed for the previous year
relevant to the assessment year commencing on the 1st
April, 2021, to the extent, if any, such loss has not been
set off against the agricultural income for the previous
year relevant to the assessment year commencing on the
1st April, 2022 or the 1st April, 2023, or the 1st April,
2024;
(vi) the loss so computed for the previous year
relevant to the assessment year commencing on the 1st
April, 2022, to the extent, if any, such loss has not been
set off against the agricultural income for the previous
year relevant to the assessment year commencing on the
1st April, 2023, or the 1st April, 2024;
(vii) the loss so computed for the previous year
relevant to the assessment year commencing on the 1st
April, 2023, to the extent, if any, such loss has not been
set off against the agricultural income for the previous
year relevant to the assessment year commencing on the
1st April, 2024;
(viii) the loss so computed for the previous year
relevant to the assessment year commencing on the 1st
April, 2024,
shall be set off against the agricultural income of the assessee
for the previous year relevant to the assessment year
commencing on the 1st April, 2025.
(2) Where the assessee has, in the previous year relevant
to the assessment year commencing on the 1st April, 2026,
or, if by virtue of any provision of the Income-tax Act,
income-tax is to be charged in respect of the income of a
period other than the previous year, in such other period, any
agricultural income and the net result of the computation of
the agricultural income of the assessee for any one or more
of the previous years relevant to the assessment years
commencing on the 1st April, 2018 or the 1st April, 2019 or
the 1st April, 2020 or the 1st April, 2021 or the 1st April,
2022 or the 1st April, 2023, or the 1st April, 2024, or the 1st
April, 2025, is a loss, then, for the purposes of sub-section
(2) or sub-section (10) of section 2 of this Act,—
(i) the loss so computed for the previous year
relevant to the assessment year commencing on the 1st
April, 2018, to the extent, if any, such loss has not been
set off against the agricultural income for the previous
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 103
year relevant to the assessment year commencing on the
1st April, 2019, or the 1st April, 2020 or the 1st April,
2021, or the 1st April, 2022 or the 1st April, 2023, or the
1st April, 2024, or the 1st April, 2025;
(ii) the loss so computed for the previous year
relevant to the assessment year commencing on the 1st
April, 2019, to the extent, if any, such loss has not been
set off against the agricultural income for the previous
year relevant to the assessment year commencing on the
1st April, 2020 or the 1st April, 2021 or the 1st April,
2022, or the 1st April, 2023, or the 1st April, 2024, or the
1st April, 2025;
(iii) the loss so computed for the previous year
relevant to the assessment year commencing on the 1st
April, 2020, to the extent, if any, such loss has not been
set off against the agricultural income for the previous
year relevant to the assessment year commencing on the
1st April, 2021 or the 1st April, 2022, or the 1st April,
2023, or the 1st April, 2024, or the 1st April, 2025;
(iv) the loss so computed for the previous year
relevant to the assessment year commencing on the 1st
April, 2021, to the extent, if any, such loss has not been
set off against the agricultural income for the previous
year relevant to the assessment year commencing on the
1st April, 2022, or the 1st April, 2023, or the 1st April,
2024, or the 1st April, 2025;
(v) the loss so computed for the previous year
relevant to the assessment year commencing on the 1st
April, 2022, to the extent, if any, such loss has not been
set off against the agricultural income for the previous
year relevant to the assessment year commencing on the
1st April, 2023, or the 1st April, 2024, or the 1st April,
2025;
(vi) the loss so computed for the previous year
relevant to the assessment year commencing on the 1st
April, 2023, to the extent, if any, such loss has not been
set off against the agricultural income for the previous
year relevant to the assessment year commencing on the
1st April, 2024, or the 1st April, 2025;
(vii) the loss so computed for the previous year
relevant to the assessment year commencing on the 1st
April, 2024, to the extent, if any, such loss has not been
set off against the agricultural income for the previous
104 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
year relevant to the assessment year commencing on the
1st April, 2025;
(viii) the loss so computed for the previous year
relevant to the assessment year commencing on the 1st
April, 2025,
shall be set off against the agricultural income of the assessee
for the previous year relevant to the assessment year
commencing on the 1st April, 2026.
(3) Where any person deriving any agricultural income
from any source has succeeded in such capacity by another
person, otherwise than by inheritance, nothing in sub-rule (1)
or sub-rule (2) shall entitle any person, other than the person
incurring the loss, to have the loss set off under
sub-rule (1) or, as the case may be, sub-rule (2).
(4) Irrespective of anything contained in this rule, no
loss which has not been determined by the Assessing Officer
under the provisions of these rules or the rules contained in
the First Schedule to the Finance Act, 2017 (15 of 2017) or
the First Schedule to the Finance Act, 2018 (13 of 2018) or
the First Schedule to the Finance (No. 2) Act, 2019 (23 of
2019) or the First Schedule to the Finance Act, 2020 (12 of
2020) or the First Schedule to the Finance Act, 2021 (13 of
2021) or the First Schedule to the Finance Act, 2023 (8 of
2023) or the First Schedule to the Finance (No.2) Act, 2024
(15 of 2024) shall be set off under sub-rule (1) or, as the case
may be, sub-rule (2).
Rule 9.—Where the net result of the computation made
as per these rules is a loss, the loss so computed shall be
ignored and the net agricultural income shall be deemed to be
nil.
Rule 10.—The provisions of the Income-tax Act
relating to procedure for assessment (including the
provisions of section 288A relating to rounding off of
income) shall, with the necessary modifications, apply in
relation to the computation of the net agricultural income of
the assessee as they apply in relation to the assessment of the
total income.
Rule 11.—For the purposes of computing the net
agricultural income of the assessee, the Assessing Officer
shall have the same powers as he has under the Income-tax
Act for the purposes of assessment of the total income.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 105
THE SECOND SCHEDULE
[See section 98(a)]
In the First Schedule to the Customs Tariff Act,—
(i) in Chapter 60, for the entry in column (4) occurring against
tariff items 6004 10 00, 6004 90 00, 6006 22 00, 6006 31 00,
6006 32 00, 6006 33 00, 6006 34 00, 6006 42 00 and 6006 90
00, the entry "20% or Rs. 115 per kg, whichever is higher"
shall be substituted;
(ii) in Chapter 85, for the entry in column (4) occurring
against tariff item 8528 59 00, the entry "20%" shall be
substituted.
Amendment to
First Schedule.
51 of 1975.
106 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
THE THIRD SCHEDULE
[See section 98(b)]
In the First Schedule to the Customs Tariff Act,—
(1) in Chapter 10,
(i) after sub-heading Note, the following Supplementary Note shall be inserted, namely:—
'Supplementary Note:
1. For the purposes of tariff items 1006 30 11 and 1006 30 91, "Rice, GI recognised"
refers to the rice varieties defined and recognised by the Geographical Indications (GI) Registry
under the Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of
1999);'.
(ii) in heading 1006, for sub-heading 1006 30, tariff items 1006 30 10 to 1006 30 90 and the
entries relating thereto, the following shall be substituted, namely:—
+-------------+-------------------------------------------------------+-------+------------+------------+
| Tariff | Description of goods | Unit | Standard | Preferential |
| Item | | | (4) | (5) |
+=============+=======================================================+=======+============+============+
| (1) | (2) | (3) | | |
+-------------+-------------------------------------------------------+-------+------------+------------+
| "1006 30 | --- Semi-milled or wholly milled rice, whether or | | | |
| | not polished or glazed : | | | |
+-------------+-------------------------------------------------------+-------+------------+------------+
| 1006 30 11 | --- --- Parboiled | kg. | 70% | - |
+-------------+-------------------------------------------------------+-------+------------+------------+
| 1006 30 12 | --- --- Rice, GI recognised | kg. | 70% | - |
+-------------+-------------------------------------------------------+-------+------------+------------+
| 1006 30 19 | --- --- Other | kg. | 70% | - |
+-------------+-------------------------------------------------------+-------+------------+------------+
| | --- Other : | | | |
+-------------+-------------------------------------------------------+-------+------------+------------+
| 1006 30 91 | --- --- Rice, GI recognised | kg. | 70% | - |
+-------------+-------------------------------------------------------+-------+------------+------------+
| 1006 30 92 | --- --- Basmati rice | kg. | 70% | ", |
+-------------+-------------------------------------------------------+-------+------------+------------+
| 1006 30 99 | --- --- Other | kg. | 70% | ". |
+-------------+-------------------------------------------------------+-------+------------+------------+
(2) in Chapter 15, for the entry in column (4) occurring against tariff item 1520 00 00, the entry "20%"
shall be substituted;
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 107
(3) in Chapter 20,—
(i) after sub-heading Notes, the following Supplementary Note shall be inserted, namely:—
'Supplementary Note:
1. For the purposes of tariff items 2008 19 21 to 2008 19 29, the term "makhana" means
the seed of plant Eurvale ferox salisb. and also commonly known as gorgon nut or fox nut;'.
(ii) in heading 2008, for tariff items 2008 19 20 to 2008 19 90 and the entries relating
thereto, the following shall be substituted, namely:—
+-------------+-------------------------------------------------------+-------+------------+------------+
| | "--- Makhana : | | | |
+-------------+-------------------------------------------------------+-------+------------+------------+
| 2008 19 21 | --- --- Popped | kg. | 150% | - |
+-------------+-------------------------------------------------------+-------+------------+------------+
| 2008 19 22 | --- --- Flour and powder | kg. | 150% | - |
+-------------+-------------------------------------------------------+-------+------------+------------+
| 2008 19 29 | --- --- Other | kg. | 150% | - |
+-------------+-------------------------------------------------------+-------+------------+------------+
| | --- Other : | | | |
+-------------+-------------------------------------------------------+-------+------------+------------+
| 2008 19 91 | --- --- Other roasted nuts and seeds | kg. | 150% | - |
+-------------+-------------------------------------------------------+-------+------------+------------+
| 2008 19 92 | --- --- Other nuts, otherwise prepared or preserved | kg. | 150% | - |
+-------------+-------------------------------------------------------+-------+------------+------------+
| 2008 19 93 | --- --- Other roasted and fried vegetable products | kg. | 30% | - |
+-------------+-------------------------------------------------------+-------+------------+------------+
| 2008 19 99 | --- --- Other | kg. | 30% | ", |
+-------------+-------------------------------------------------------+-------+------------+------------+
(4) in Chapter 25, for the entry in column (4) occurring against tariff items 2511 10 00, 2515 12 10, 2515
12 20, 2515 12 90, 2516 11 00 and 2516 12 00, the entry "20%" shall be substituted;
(5) in Chapter 26,—
(i) for the entry in column (4) occurring against tariff item 2603 00 00, the entry "Free" shall be
substituted;
(ii) for the entry in column (4) occurring against tariff item 2605 00 00, the entry "Free" shall be
substituted;
(iii) for the entry in column (4) occurring against tariff item 2609 00 00, the entry "Free" shall be
substituted;
(iv) for the entry in column (4) occurring against tariff item 2611 00 00, the entry "Free" shall be
substituted;
(v) for the entry in column (4) occurring against all the tariff items of heading 2613, the entry "Free"
shall be substituted;
108 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(vi) for the entry in column (4) occurring against all the tariff items of heading 2615, the entry "Free"
shall be substituted;
(vii) for the entry in column (4) occurring against tariff item 2617 10 00, the entry "Free" shall be
substituted;
(6) in Chapter 27,—
(i) in heading 2710, for tariff item 2710 91 00 and the entries relating thereto, the following shall be
substituted, namely:—
+-------------+-------------------------------------------------------+-------+------------+------------+
| "2710 91 | --- Containing polychlorinated biphenyls | | | |
| | (PCBs), polychlorinated terphenyls (PCTs) or | | | |
| | polybrominated biphenyls (PBBs) : | | | |
+-------------+-------------------------------------------------------+-------+------------+------------+
| 2710 91 10 | --- --- Containing polychlorinated biphenyls (PCBs) | kg. | 5% | 5% |
| | at a concentration level of 50 mg/kg or more | | | |
+-------------+-------------------------------------------------------+-------+------------+------------+
| 2710 91 20 | --- --- Other containing polychlorinated terphenyls | kg. | 5% | 5% |
| | (PCTs) or polybrominated biphenyls (PBBs), | | | |
| | whether or not also containing | | | |
| | polychlorinated biphenyls (PCBs) at a | | | |
| | concentration level of less than 50 mg/kg | | | |
+-------------+-------------------------------------------------------+-------+------------+------------+
| 2710 91 90 | --- --- Other | kg. | 5% | ", |
+-------------+-------------------------------------------------------+-------+------------+------------+
(ii) for the entry in column (4) occurring against tariff items 2711 12 00 and 2711 13 00, the entry
"2.5%" shall be substituted;
(iii) for the entry in column (4) occurring against all the tariff items of sub-heading 2711 19, the
entry "5%" shall be substituted;
(7) in Chapter 28,—
(i) for the entry in column (4) occurring against tariff item 2809 20 10, the entry "7.5%" shall be
substituted;
(ii) for the entry in column (4) occurring against tariff item 2810 00 20, the entry "7.5%" shall be
substituted;
(iii) in heading 2812, for the entry in column (2) occurring against tariff item 2812 19 30, the entry
"--- Arsenic trichloride" shall be substituted;
(iv) in heading 2813, after tariff item 2813 90 20 and the entries relating thereto, the following shall
be inserted, namely:—
+-------------+-------------------------------------------------------+-------+------------+------------+
| "2813 90 30 | --- Lime sulphur | kg. | 7.5% | ", |
+-------------+-------------------------------------------------------+-------+------------+------------+
(v) in heading 2853, after tariff item 2853 90 40 and the entries relating thereto, the following shall
be inserted, namely:—
+-------------+-------------------------------------------------------+-------+------------+------------+
| "2853 90 50 | --- Magnesium phosphide plates, zinc phosphide | kg. | 7.5% | ", |
+-------------+-------------------------------------------------------+-------+------------+------------+
(8) in Chapter 29,—
(i) for the Supplementary Note, the following Supplementary Notes shall be inserted,
namely:—
'Supplementary Notes:
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 109
1. For the purposes of tariff item 2906 11 10, the term "Natural Menthol" means an
organic compound (C10H20O) which is obtained from the distillation of the Japanese type
oil of mint or menthol mint known as Mentha arvensis but does not include those made
synthetically through any chemical routes.
2. Tariff item 2916 39 70 covers one of the following goods of sub-heading 2916 39 :
Alphana