Key changes proposed in the Income Tax Bill, 2025 compared to the existing Income Tax Act, 1961:
🔑 Key Highlights of the Income Tax Bill, 2025 (ITB 2025)
- “Tax Year” Replaces “Previous Year”
The term “assessment year” is removed and replaced by “tax year” for simplification.
- Royalty Income Clarification
Taxation of royalties by non-residents mistakenly mentions income from sources “outside India”—likely a drafting error.
- Tax Payments Not Deductible
Taxes paid on income, including cess and surcharge, are clearly disallowed as business expenses.
- Presumptive Taxation for Non-Residents
Introduced for non-residents offering technology/services for electronics manufacturing—25% of receipts deemed taxable.
- Books & Audit Mandatory
Even under presumptive taxation, non-residents must maintain books and get audits done.
- Special Schemes for Shipping, Aviation, Construction
Presumptive income rules apply, but no set-off of losses or deductions is allowed.
- Capital Gains Changes
Exemption under Section 85 may no longer apply to depreciable assets; long-term capital loss carryforward rules are retained with transition provisions.
- Tax Treaties Interpretation Updated
If a term is undefined in treaties or ITB, it will follow definitions from Indian tax or other laws.
- Shareholding Rule Tightened for Loss Set-Off
If 51% shareholding changes between loss year and set-off year, losses can’t be carried forward.
- LTCG for Non-Residents
Now includes foreign exchange benefit; tax rate is 12.5% from July 23, 2024.
- Refunds
Can only be claimed if return is filed before the due date.
- Company Tax Rates (22% / 15%)
Deduction for inter-corporate dividends removed under 22% regime, retained under 15%.
- DRP Directions
Now must be reasoned orders but aren’t required to consider taxpayer evidence.
- Lower TDS Certificates
Broader scope; nil rate removed; AOs can cancel after hearing.
above points are the brief summary of proposed Income tax bill…for more you can make an enquiry on admin@ibleboom.com
Avinash Bhatt
Email: Bhattavi93@gmail.com