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Section Index (536 Secs) Next: Chapter 2
Income-tax Act, 2025 • Tax Year 2026-27 • Finance Act, 2026

Chapter 1: Basic Concepts, Tax Rates & Legal Framework

Exhaustive CA Final Direct Tax notes covering Constitutional foundations, statutory interpretation rules, Section 4 charging principles, core definitions, Section 102–107 unexplained incomes, Section 202 default concessional slabs, Section 156 rebates, surcharge matrices, and all 10 ICAI Illustrations with step-by-step mathematical calculations.

1.1 Constitutional Basis & Overview of Income-tax Law

Article 246 • Entry 82 List I
Constitutional Architecture: Seventh Schedule to Article 246

The authority to levy and collect taxes in India is derived directly from the Constitution of India. Under Article 246 read with the Seventh Schedule, legislative competence is distributed among three lists:

  • List I (Union List): Parliament has exclusive power to enact laws on matters enumerated in this list. Entry 82 of List I empowers Parliament to levy "Taxes on income other than agricultural income".
  • List II (State List): State Legislatures have exclusive power over matters in this list. Entry 46 of List II grants States power to levy "Taxes on agricultural income".
  • List III (Concurrent List): Both Parliament and State Legislatures hold concurrent power; however, no tax entry exists in the Concurrent List (except stamp duties).

The Five Components of Income-tax Law in India

Income-tax law in India does not consist solely of the primary statutory enactment. It functions as an integrated ecosystem of five legal instruments:

Component Statutory Source Legal Force & Practical Scope
1. Income-tax Act, 2025 Primary Central Legislation Enacted to consolidate and modernize tax administration. Extends to the whole of India. Comprises 23 Chapters, 536 Sections, and 16 Schedules. Came into force on 1st April, 2026. Sets out charging provisions, taxable heads, computation rules, and enforcement mechanisms.
2. Annual Finance Act Passed annually by Parliament Gives statutory effect to financial proposals of the Central Government. The First Schedule contains 4 vital parts:
• Part I: Rates of tax applicable for the current tax year.
• Part II: Rates for deduction of tax at source (TDS) from income other than salaries.
• Part III: Rates for computing advance tax and TDS from salary income.
• Part IV: Rules for computation of net agricultural income for partial integration.
3. Income-tax Rules, 2026 CBDT powers under Section 534 Subordinate legislation framed by the Central Board of Direct Taxes (CBDT) for carrying out the purposes of the Act. As per Section 2(80), "prescribed" means prescribed by rules. Rules cannot override or conflict with the parent Act; where conflict arises, the Act prevails.
4. Circulars & Clarifications Issued by CBDT under Section 239 Binding on all income-tax authorities and officers subordinate to CBDT. Crucial Rule: Circulars are NOT binding on the assessee, Appellate Authorities (CIT(A)), Income Tax Appellate Tribunal (ITAT), High Courts, or the Supreme Court. However, assessees are entitled to claim the benefit of benevolent/favourable circulars.
5. Judicial Precedents Supreme Court & High Courts Decisions of the Supreme Court constitute the law of the land under Article 141 of the Constitution and bind all courts and tribunals in India. Decisions of a High Court bind all subordinate authorities, tribunals, and assessees within its territorial jurisdiction.

Sec 536 Repeal and Saving Provisions: Transition from 1961 Act

Transitional Continuity
Section 536: Statutory Continuity Architecture

Section 536 repeals the Income-tax Act, 1961 with effect from 1st April, 2026. However, to prevent administrative chaos and legal vacuum, extensive saving provisions are enacted:

  • Continuity of Past Proceedings: All pending assessments, reassessments, appeals, revisions, penalty proceedings, and recovery actions relating to tax years commencing prior to 1st April, 2026 continue under the repealed 1961 Act.
  • Preservation of Rights & Liabilities: Rights, obligations, privileges, and liabilities incurred under the 1961 Act remain intact.
  • Validity of Past Options & Elections: Options, declarations, agreements, or approvals exercised under the 1961 Act remain valid under corresponding provisions of the 2025 Act.
  • Brought Forward Losses & Deductions: Brought forward unabsorbed depreciation, business losses, MAT/AMT credit, and pending amortizations under the repealed Act are carried forward into the Income-tax Act, 2025 as if sustained under corresponding provisions.

Jurisprudence Rules of Statutory Interpretation & Judicial Aids

Tax Jurisprudence

Taxation statutes demand rigorous principles of interpretation. Courts employ established cannons of statutory construction to ascertain the true legislative intent:

1. Rule of Literal Interpretation

Underlying maxim: "Judges do not legislate; they only interpret law." If the words of a statute are plain, clear, and unambiguous, courts must give them their natural grammatical meaning. Nothing can be added, subtracted, or implied.

2. Heydon's Mischief Rule (Purposive Construction)

Originated in Heydon’s case (1584). Examines: (1) What was the common law before? (2) What was the mischief/defect unprovided for? (3) What remedy Parliament resolved? (4) The true reason of the remedy. Courts adopt the construction that suppresses the mischief and advances the remedy.

3. The Golden Rule

A departure from literal interpretation allowed only when a strictly literal reading produces absurdity, injustice, or repugnance that the legislature could never have intended. The court modifies the grammatical meaning to avert absurdity.

4. Harmonious Construction

A statute must be read as a whole. Where two provisions appear in conflict, courts must interpret them so as to give effect to both and avoid rendering any provision redundant or inconsistent.

5. Principle of Beneficial Construction

In fiscal statutes, if a provision is capable of two reasonable constructions, the interpretation that favours the taxpayer/subject must be adopted. Exemption and deduction provisions intended to promote economic activity are construed liberally.

6. Associated Legal Maxims

• Ejusdem Generis: General words following specific words take color from the specific genus.
• Noscitur a Sociis: Meaning of an unclear word is known by its company.
• Stare Decisis: Longstanding judicial precedents should not be unsettled lightly.

ICAI Master Summary: Construction by Provision Type

Type of Provision Governing Canon of Construction Judicial Practical Application
Charging Provisions Strict Construction Tax cannot be levied on equity, assumption, or intendment. Clear words must bring the subject within the net.
Machinery Provisions Workable / Practical Construction Provisions for computation, assessment, and recovery are construed to make the machinery operable and not frustrate the levy.
Penal Provisions Strict Construction Any ambiguity must be resolved in favor of the assessee. Mens rea / statutory fault must be strictly proven.
Deeming Provisions Full Effect to Legal Fiction A legal fiction must be carried to its logical conclusion, but its scope cannot be extended beyond the statutory purpose.
Appeal & Refund Provisions Liberal Construction Right of appeal must be explicitly conferred by statute, but procedural conditions are construed liberally to advance justice.
Exemptions & Reliefs Beneficial Construction Incentives to encourage industry, investment, or charity are interpreted liberally to effectuate the legislative goal.

Internal Aids vs External Aids to Interpretation

Internal Aids (Within Statute)
  • Non-obstante Clause: Phrases like "Irrespective of anything contained..." give overriding effect over conflicting sections (e.g., Section 35 disallowance overrides Chapter IV-D).
  • Headings & Marginal Notes: Can only be used to resolve ambiguity, never to restrict plain text.
  • Definition Clauses: Section 2 applies across the Act; Chapter-specific definitions (e.g. Section 402 in Chapter XIX) govern that Chapter only.
External Aids (Outside Statute)
  • Legislative History: Parliamentary debates and Law Commission reports illuminate the defect intended to be remedied.
  • Speech of Finance Minister: Minister's speech introducing the Finance Bill is admissible to ascertain legislative purpose.
  • Circulars u/s 239: CBDT circulars provide contemporary executive understanding.
  • Dictionaries: Used only when a term is not statutorily defined or judicially settled.

Sec 4 Charge of Income-tax: Four Statutory Pillars

Charging Foundation
Section 4: The Statutory Charging Section

Income-tax is charged for any tax year at the rate or rates specified in the Annual Finance Act or the Income-tax Act, 2025 (or both) in respect of the Total Income of the tax year of every Person.

Pillar 1: Annual Tax
Periodic Levy

Levied on an annual basis for each Tax Year commencing 1st April.

Pillar 2: Total Income
Universal Scope

Computed strictly under the 5 heads after allowable exemptions and deductions.

Pillar 3: Every Person
Chargeable Entity

Levied upon the 7 categories of taxable entities defined under Section 2(77).

Pillar 4: Statutory Rates
Prescribed Schedules

Fixed by the Annual Finance Act or special rates embedded in the Act (Sec 193–218, 200–204).

Sec 2 Core Definitions: Assessee, Assessment & Person

Section 2(11), 2(13), 2(77)
Assessee [Section 2(11)]: Four Statutory Categories

"Assessee" means a person by whom any tax or any other sum of money is payable under this Act, and includes:

  1. Ordinary Assessee: Every person by whom any tax, penalty, or interest is payable under the Act.
  2. Assessment Assessee: Every person in respect of whom any proceeding under this Act has been taken for the assessment of his income, loss, or amount of refund due to him.
  3. Deemed Assessee: Every person who is deemed to be an assessee under any provision of this Act (e.g., Legal Representative u/s 304 of a deceased assessee; Trustee of a discretionary trust; guardian/manager of a minor or lunatic entitled to receive income by virtue of Section 303 [Representative Assessee]).
  4. Assessee in Default: Every person who is deemed to be an assessee in default under any provision of this Act (e.g., an employer/payer failing to deduct TDS or pay deducted tax to the Government u/s 397/400).

Assessment [Section 2(13)]: Five Statutory Assessment Types

Assessment is the legal procedure by which the taxable income and tax liability of an assessee are determined. The Act provides five distinct types:

Assessment Category Section Reference Substantive Scope & Trigger Condition
1. Self-Assessment Section 266 Assessee computes tax, interest, and fee on his own total income and pays it before filing the return.
2. Summary Assessment Section 270(1) Centralized electronic processing of return; adjustments for arithmetical errors, incorrect claims, and internal discrepancies.
3. Scrutiny Assessment Section 270(10) Comprehensive audit conducted by the Assessing Officer to ensure the assessee has not understated income, computed excessive loss, or underpaid tax.
4. Best Judgment Assessment Section 271 Ex-parte assessment by the AO to the best of his judgment when assessee fails to file return, fails to comply with statutory notices, or fails special audit.
5. Reassessment / Income Escaping Section 279 Assessment or reassessment initiated when the AO has information suggesting taxable income has escaped assessment.

Person [Section 2(77)]: The Seven Chargeable Tax Entities

Under Section 2(77), "Person" includes:
(1) Individual: Natural human being.
(2) HUF (Hindu Undivided Family): Assessed as a distinct entity under Hindu personal law.
(3) Company: Indian, domestic, foreign, or public company.
(4) Firm: Includes a partnership firm and a Limited Liability Partnership (LLP).
(5) Association of Persons (AOP) or Body of Individuals (BOI): Whether incorporated or not.
(6) Local Authority: Municipal corporation, district board, port commission, cantonment board.
(7) Every Artificial Juridical Person: Idols, deities, statutory corporations, universities not covered above.

Landmark Precedent • Single Male HUF Coparcener
Gowli Buddanna v. CIT (1966) 60 ITR 293 (Supreme Court)

Principle: To form a taxable HUF under the Income-tax Act, it is not mandatory to have more than one male member. An HUF can consist of a single male coparcener and female members (widows, mother, daughters). The property of the joint family does not cease to be HUF property merely because it is represented by a single surviving coparcener.

Sec 2 Company Classifications & Public Interest Criteria

Section 2(42), 2(44), 2(46), 2(53)
Company Category Section Statutory Criteria & Legal Characteristics
Indian Company Section 2(53) A company formed and registered under the Companies Act, 2013 (or earlier company laws) whose registered or principal office is located in India.
Domestic Company Section 2(42) Means an Indian company, OR any other company which has made the prescribed arrangements for the declaration and payment of dividends within India out of its taxable income.
Foreign Company Section 2(46) A company which is not a domestic company (i.e. a foreign incorporated company that has not made prescribed arrangements for dividend declaration in India).
Company in which Public are Substantially Interested Section 2(44) Includes:
1. Government Companies: At least 40% equity held by Govt or RBI.
2. Section 8 Companies: Non-profit entities licensed under Companies Act.
3. Mutual Benefit Societies: Nidhi companies declared by Central Government.
4. Listed Companies: Equity shares listed on a recognized stock exchange in India.
5. Co-operative Society Ownership: At least 50% voting power held by co-operative societies.
6. Public Subsidiaries: Wholly owned subsidiaries of public companies.

Sec 2(49) Income, Capital vs Revenue Receipts & Landmark Precedents

Inclusive Scope & Judicial Tests
Section 2(49): Inclusive Nature of Income

The statutory definition of "Income" is inclusive and not exhaustive. It enumerates 24 specific items including profits and gains, dividends, voluntary contributions to trusts/electoral trusts, value of perquisites u/s 17/18, deemed profits u/s 38/95, capital gains u/s 67, and receipts without consideration u/s 88.

Distinction: Capital Receipts vs. Revenue Receipts

Golden Tax Rule on Nature of Receipts:

Revenue receipts are prima facie taxable unless specifically exempt by statute.
Capital receipts are prima facie exempt from income-tax unless specifically brought to tax by express statutory words (e.g., Capital gains u/s 67, gifts u/s 88, forfeiture of advance money).

Test / Criterion Capital Receipt Revenue Receipt
Fixed vs Circulating Capital Receipt from realization or replacement of fixed capital / profit-earning apparatus. Receipt from realization or turn-over of circulating capital / stock-in-trade.
Tree vs Fruit Realization of the "tree" (the source itself). Realization of the "fruit" (the periodic yield from the tree).
Sterilization of Apparatus Compensation for total destruction, sterilization, or cessation of the profit-making apparatus. Compensation for normal trading loss or loss of future profits.
Lump sum vs Periodicity Single payment for extinguishment of an enduring right. Periodic, recurring payments arising from continuous commercial activity.
Supreme Court • Capital Receipt
CIT v. Saurashtra Cement Ltd. (2010) 325 ITR 422 (SC)

Facts & Issue: Assessee received liquidated damages from a supplier for delay in delivery and erection of a cement plant.
Ruling: The damages directly related to the acquisition and delay of a capital asset (cement plant). The delay impacted the profit-making apparatus rather than the trading operations. Held to be a capital receipt and not taxable as business income.

Supreme Court • Broken Period Interest
Bank of Rajasthan Ltd. v. CIT [2024] 469 ITR 280 (SC)

Facts & Issue: A scheduled bank purchasing government securities to meet RBI SLR norms paid broken-period interest accrued prior to purchase and claimed it as deduction.
Ruling: Securities held under Available for Sale (AFS) and Held for Trading (HFT) categories constitute stock-in-trade. Hence, broken-period interest is revenue expenditure deductible against business profits.

Doctrine Application of Income vs Diversion by Overriding Title

Landmark Supreme Court Rule
Supreme Court • The Foundational Test
Leading Landmark Precedents: CIT v. Sitaldas Tirathdas (1961) 41 ITR 367 (SC) & M.K. Brothers Pvt. Ltd. v. CIT [1972] 86 ITR 38 (SC)

The Core Statutory Principle: To constitute a valid diversion by overriding title, the obligation must attach directly to the source which yields the income, and not merely to the income after it has accrued or arisen.
• Application of Income: Money reaches the assessee or accrues to him first, and is then applied to discharge a personal or legal obligation → Fully Taxable in his hands.
• Diversion by Overriding Title: An overriding enforceable title diverts the money before it reaches or accrues to the assessee → Excluded from Total Income.
• ICAI Tax Planning Note: For legitimate tax planning, the concept of ‘diversion by overriding title’ has substantially greater scope for exploitation than ‘application of income’. In practice, this depends entirely on the meticulous legal drafting of the deed or decree creating the anterior charge upon the income-yielding source.

Parameter Diversion by Overriding Title Application of Income
Point of Obligation Attaches to the source itself before income accrues or reaches the assessee. Attaches to the income after it has accrued to and been received by the assessee.
Ownership of Income Assessee receives it merely as a conduit/agent for the person with the superior title. Assessee receives it beneficially as his own income and then applies it to discharge a personal liability.
Tax Consequence Excluded from Total Income of the assessee. Included in Total Income; no deduction allowed unless expressly provided.
ICAI Book Example Firm pays 20% profits to deceased partner's widow pursuant to partnership deed charge. Advocate donates portion of professional fees to a charitable trust created by himself.

Review Fundamental Concepts: Salary & House Property Allowances

Basic Review in Chapter 1

Chapter 1 of the ICAI study material outlines fundamental deductions and rules under Salary and House Property to establish the baseline for Total Income computations:

1. Salary Deductions [Section 19]
  • Standard Deduction [Sec 19(1)]:
    • Default Regime (Sec 202): Up to ₹75,000 or salary, whichever is lower.
    • Optional Normal Regime: Up to ₹50,000 or salary, whichever is lower.
  • Professional Tax [Sec 19(3)]: Deductible on actual payment basis under the normal regime; disallowed under default regime.
  • Retirement Benefits: Statutory gratuity, commuted pension, and leave encashment subject to monetary ceilings.
2. House Property Deductions [Section 22]
  • Net Annual Value (NAV): Gross Annual Value (higher of Reasonable Expected Rent and Actual Rent) minus Municipal Taxes paid by owner.
  • Standard Deduction [Sec 22(1)]: 30% of Net Annual Value (NAV).
  • Housing Loan Interest [Sec 22(2)]:
    • Self-Occupied: Max ₹2,00,000 under normal regime; NIL under default regime.
    • Let-Out: Fully deductible without limit under both regimes (loss set-off against other heads capped at ₹2,00,000).
  • Arrears of Rent [Sec 23]: Taxable after 30% standard deduction.

Sec 102–107 Unexplained Sources of Income & Section 107 Punitive Tax

78% Punitive Rate • Total Loss Bar
PUNITIVE REGIME FOR BLACK MONEY & UNEXPLAINED CREDITS

Where an assessee fails to explain the source of cash credits, investments, or expenditures, they are brought to tax under Section 107 at a flat punitive rate with strict statutory disallowances.

Section Unexplained Source Statutory Trigger & Statutory Condition
Section 102 Unexplained Cash Credits Sum found credited in books of account of the assessee for which he offers no explanation or explanation is unsatisfactory in AO's opinion.
Section 103 Unexplained Investments Assessee has made investments not recorded in books of account and offers no explanation regarding source.
Section 104 Unexplained Money, Bullion, Jewellery Assessee is found to be the owner of money, bullion, jewellery, or valuable articles not recorded in books.
Section 105 Unexplained Expenditure Assessee incurs expenditure and offers no explanation regarding source. Section 105(2) expressly bars any deduction of such expenditure!
Section 106 Hundi Borrowings / Repayments Any amount borrowed on Hundi or repaid otherwise than through an account payee cheque drawn on a bank.

Section 107: Special Rate of Tax on Unexplained Sources under Section 195

Income-tax Act, 2025 Mechanism [Section 107 read with Section 195]:
Income referred to in Section 102 to 106 is charged @ 30% under Section 195.
Add: Surcharge @ 25% of Tax (7.50%) + HEC @ 4% of (30% + 7.50% = 37.50%) (1.50%) = Effective Tax Rate of 39.00%.
[Legacy 1961 Act Context: Under former Section 115BBE, base tax was 60% + 25% surcharge + 4% cess = 78.00%].
Three Strict Statutory Prohibitions Under Section 107:
  1. No Basic Exemption Limit: Tax of 60% applies from the very first rupee of unexplained income.
  2. No Deductions Allowed: No deduction under Chapter VI-A / Chapter VIII or any business expenditure can reduce this income.
  3. Strict Loss Set-off Bar: Current year losses or brought forward losses under any head of income cannot be set off against Section 107 income!
Numerical Example: Section 107 Punitive Computation with Business Loss Exam Numerical Pattern

Facts: For Tax Year 2026-27, M/s Alpha Traders sustains a business loss of ₹10,00,000. During the scrutiny assessment, the Assessing Officer discovers an unexplained cash credit of ₹20,00,000 under Section 102. Compute the total income and final tax liability.

Particulars Amount (₹) Statutory Working & Reasoning
Unexplained Cash Credit (Sec 102) 20,00,000 Deemed income chargeable u/s 107
Less: Set-off of Business Loss NIL Strictly Prohibited: Section 107 bars loss set-off against deemed unexplained income. Business loss of ₹10,00,000 carried forward.
Taxable Income u/s 107 20,00,000 Taxed at special punitive rates
Computation under Income-tax Act, 2025 [Section 107 read with Section 195]:
Base Income-tax @ 30% (Sec 195) 6,00,000 30% of ₹20,00,000 as per Section 107 read with Section 195
Add: Surcharge @ 25% of tax 1,50,000 25% of ₹6,00,000 (standard punitive surcharge)
Tax + Surcharge 7,50,000 Sub-total (37.50% effective)
Add: Health & Education Cess @ 4% 30,000 4% of ₹7,50,000
Total Tax Liability u/s 195 (39.0%) ₹7,80,000 Effective rate = 39.00% under Income-tax Act, 2025
Comparative Legacy Note: Under Section 115BBE of the 1961 Act, base tax was 60% (₹12,00,000) + 25% surcharge (₹3,00,000) + 4% cess (₹60,000) = ₹15,60,000 (effective rate = 78.00%).

Sec 2(52) & 3 Territorial Scope of India & Tax Year Architecture

Statutory Jurisdiction
Definition of "India" [Section 2(52)]
  • The territory of India as per Article 1 of Constitution.
  • Territorial Waters: 12 nautical miles from base line.
  • Seabed and Subsoil: Underlying territorial waters.
  • Continental Shelf & EEZ: Extending up to 200 nautical miles for exploitation of mineral/natural resources.
  • Air Space: Above the territory and territorial waters.
Definition of "Tax Year" [Section 3]

"Tax Year" means the financial year immediately preceding the tax year. Commences on 1st April and ends on 31st March.

Newly Set Up Business/Profession:
The first tax year begins on the date of setting up of such business or profession (or date source of income newly comes into existence) and ends on the next following 31st March.

Sec 316–320 Five Statutory Exceptions: Accelerated Assessment

Income Taxed in Year of Accrual

General Rule: Income earned in a Tax Year is assessed in the subsequent Assessment Year. The Act carves out five statutory exceptions where income is assessed immediately in the tax year itself to prevent tax avoidance:

Exception & Section Statutory Presumption Accelerated Assessment Mechanism
1. Shipping of Non-Resident [Section 316] 7.5% of gross freight deemed as taxable income. Tax must be paid or secured before port clearance is granted to the ship by Customs authorities.
2. Persons Leaving India [Section 317] Individual departing India with no present intention of returning. Income from 1st April to expected date of departure assessed immediately before departure.
3. AOP/BOI for Specific Event [Section 318] Entity formed for a particular venture/event dissolved in same year. Income assessed in the tax year of formation/dissolution itself.
4. Property Transfer to Avoid Tax [Section 319] Person likely to sell, transfer, or conceal property to evade recovery. AO can initiate accelerated assessment of income up to date of transfer notice.
5. Discontinued Business [Section 320] Business or profession discontinued during the tax year. AO has discretion to assess income of the period from 1st April to date of discontinuance in the same tax year.
Numerical Example: Section 316 Non-Resident Shipping Freight Port Clearance Assessment

Facts: A foreign vessel owned by OceanLines Corp (non-resident company) carried passengers and cargo from Chennai port in September 2026. Gross freight and carriage charges collected amounted to ₹80,00,000. Compute the taxable profit and tax payable before port clearance (assuming applicable base foreign company tax rate 35% + 4% HEC).

Particulars Amount (₹) Working & Statutory Basis
Gross Freight Collected 80,00,000 Carriage of goods and passengers from Indian port
Deemed Profit u/s 316 (7.5%) 6,00,000 7.5% of ₹80,00,000
Income-tax @ 35% (Foreign Company) 2,10,000 35% of ₹6,00,000
Add: Surcharge NIL Total income ₹6,00,000 does not exceed ₹1 Crore
Add: Health & Education Cess @ 4% 8,40,0 4% of ₹2,10,000
Tax Payable Before Port Clearance ₹2,18,400 Cleared only upon payment or bank guarantee

Sec 202 Default Concessional Tax Regime & Statutory Slabs

Default Regime for Individuals, HUF, AOP, BOI & AJP
Section 202: The Default Tax Regime

Under the Income-tax Act, 2025, the concessional regime under Section 202 is the default tax regime for Individuals, HUF, AOP, BOI, and Artificial Juridical Persons. Taxpayers who do not exercise the specific option to opt out under Section 202(4) are assessed under these concessional slabs.

Total Income Slab (₹) Rate of Tax Cumulative Tax at Upper Limit
Up to ₹4,00,000 NIL NIL
From ₹4,00,001 to ₹8,00,000 5% ₹20,000
From ₹8,00,001 to ₹12,00,000 10% ₹60,000
From ₹12,00,001 to ₹16,00,000 15% ₹1,20,000
From ₹16,00,001 to ₹20,00,000 20% ₹2,00,000
From ₹20,00,001 to ₹24,00,000 25% ₹3,00,000
Above ₹24,00,000 30% ₹3,00,000 + 30% of amount in excess of ₹24 Lakhs

Sec 156 Rebate & Marginal Relief for Resident Individuals

Zero Tax Up To ₹12 Lakhs
Two-Tier Rebate Mechanism under Section 156 (Default Regime)
  1. Tier 1 — Total Income up to ₹12,00,000:
    Resident individuals are entitled to a deduction of 100% of income-tax payable or ₹60,000, whichever is less.
    Result: An individual having total income up to ₹12,00,000 pays zero tax!
  2. Tier 2 — Total Income Exceeding ₹12,00,000 (Marginal Relief Rebate):
    Where total income exceeds ₹12,00,000 and the income-tax on such total income exceeds the excess of total income over ₹12,00,000, marginal relief is granted:
    Rebate u/s 156 = Tax on Total Income [B] − [Total Income − ₹12,00,000] [A]
    Net Tax Payable = Total Income − ₹12,00,000 (plus 4% Cess)
ICAI Illustration 8: Rebate u/s 156 (Total Income ₹10,50,000) Full Rebate Application

Problem: Mr. Mahesh, aged 32 years and a resident in India, has a total income of ₹10,50,000 comprising salary income and interest on bank fixed deposit. Compute his tax liability for T.Y. 2026-27 under the default tax regime under Section 202.

Particulars Amount (₹) Working & Statutory Rule
Tax on Total Income of ₹10,50,000
• Up to ₹4,00,000 NIL Nil rate
• ₹4,00,001 to ₹8,00,000 @ 5% 20,000 5% of ₹4,00,000
• ₹8,00,001 to ₹10,50,000 @ 10% 25,000 10% of ₹2,50,000
Total Income-tax Payable 45,000 Sub-total
Less: Rebate u/s 156 (Lower of ₹45,000 or ₹60,000) (45,000) Total income ≤ ₹12,00,000; 100% rebate allowed
Final Tax Liability NIL Effective tax is Zero
ICAI Illustration 9: Section 156 Marginal Relief (Total Income ₹12,15,000) Excess Over ₹12 Lakhs

Problem: Mr. Nitin, aged 42 years and a resident in India, has a total income of ₹12,15,000 comprising salary income and interest on bank fixed deposit. Compute his tax liability for T.Y. 2026-27 under the default tax regime under Section 202.

Step / Particulars Amount (₹) Mathematical & Statutory Steps
Step 1 Total Income in excess of ₹12,00,000 (A) 15,000 ₹12,15,000 − ₹12,00,000 = ₹15,000
Step 2 Compute Tax on Total Income of ₹12,15,000:
• Tax on first ₹12,00,000 (20k + 40k) 60,000 Cumulative tax up to 12L
• Tax on ₹15,000 @ 15% (12,00,001 to 12,15,000) 2,250 15% of ₹15,000
Total Tax on ₹12,15,000 (B) 62,250 Income-tax computed under Sec 202
Step 3 Rebate u/s 156 (since B > A, Rebate = B − A) (47,250) ₹62,250 − ₹15,00,0 = ₹47,250 rebate
Tax Payable after Rebate 15,000 Exactly equals the excess income over ₹12 Lakhs
Add: Health & Education Cess @ 4% 600 4% of ₹15,000
Total Tax Liability ₹15,600 Fully protected by Section 156 marginal relief

Sec 202(4) Optional Normal Tax Regime & Senior Citizen Slabs

Regular Slab Structure
Slabs for Assessees Shifting Out under Section 202(4)

Where an assessee opts out of the default regime, tax is levied at the normal rates specified by the Annual Finance Act. Three progressive basic exemption tiers apply based on age:

Total Income Slab Individual (< 60 Yrs) Senior Citizen (60–79 Yrs) Super Senior (80+ Yrs)
Up to ₹2,50,000 NIL NIL NIL
₹2,50,001 to ₹3,00,000 5% of (TI − 2.5L) NIL NIL
₹3,00,001 to ₹5,00,000 5% of (TI − 2.5L) 5% of (TI − 3L) NIL
₹5,00,001 to ₹10,00,000 ₹12,500 + 20% of (TI − 5L) ₹10,000 + 20% of (TI − 5L) 20% of (TI − 5L)
Above ₹10,00,000 ₹1,12,500 + 30% of (TI − 10L) ₹1,10,000 + 30% of (TI − 10L) ₹1,00,000 + 30% of (TI − 10L)
Rebate u/s 156 under Optional Normal Regime: Available to resident individuals whose total income does not exceed ₹5,00,000. Rebate is lower of 100% of income-tax or ₹12,500. (Not available against LTCG u/s 198).
ICAI Illustration 1: Normal Regime Across Age Categories (Total Income ₹16,00,000) Comparative Age Working

Problem: Mr. Arjun has a total income of ₹16,00,000 for T.Y. 2026-27, comprising income from house property and interest on fixed deposits. Compute his tax liability assuming he opts out of the default tax regime and his age is: (a) 52 years, (b) 64 years, and (c) 83 years.

Computation Slabs (a) Age 52 (₹) (b) Age 64 (₹) (c) Age 83 (₹)
First Exemption Limit (2.5L / 3L / 5L) NIL NIL NIL
5% Slab 12,500 10,000 NIL
20% Slab (₹5,00,001 to ₹10,00,000) 1,00,000 1,00,000 1,00,000
30% Slab (Balance ₹6,00,000 @ 30%) 1,80,000 1,80,000 1,80,000
Tax before Cess 2,92,500 2,90,000 2,80,000
Add: Health & Education Cess @ 4% 11,700 11,600 11,200
Total Tax Liability ₹3,04,200 ₹3,01,600 ₹2,91,200
ICAI Illustration 10: Section 156 Normal Regime Rebate (TI ₹4,15,000) Full Relief

Problem: Mr. Manish, aged 47 years and a resident in India, has a total income of ₹4,15,000. Compute his tax liability under the optional tax regime.

Particulars Amount (₹) Working & Statutory Basis
Tax on ₹4,15,000: 5% of (₹4,15,000 − ₹2,50,000 = ₹1,65,000) 8,250 5% of ₹1,65,000
Less: Rebate u/s 156 (Lower of ₹8,250 or ₹12,500) (8,250) TI ≤ ₹5,00,000 under normal regime
Tax Liability NIL Effective tax is Nil

Surcharge Surcharge Architecture & Capital Gain/Dividend 15% Cap

Special Income Capping
Statutory 15% Surcharge Cap:

The rate of surcharge on the income-tax payable on the portion of Dividend income and Capital Gains taxable under Section 196 (STCG on listed equity/units u/s 111A old), Section 197 (LTCG on listed equity/units u/s 112A old), and Section 198 (LTCG u/s 112 old) shall NOT EXCEED 15% under both tax regimes!

Surcharge Scenarios Under Default Regime vs Optional Regime

Scenario Income Composition Default Regime (Sec 202) Optional Normal Regime
(i) Total Income (incl. Div/CG) > ₹50L but ≤ ₹1 Cr 10% on total tax 10% on total tax
(ii) Total Income (incl. Div/CG) > ₹1 Cr but ≤ ₹2 Cr 15% on total tax 15% on total tax
(iii) Total Income (excl. Div/CG) > ₹2 Cr but ≤ ₹5 Cr • Div/CG: 15%
• Other Income: 25%
• Div/CG: 15%
• Other Income: 25%
(iv) Total Income (excl. Div/CG) > ₹5 Cr • Div/CG: 15%
• Other Income: 25% (Max 25%)
• Div/CG: 15%
• Other Income: 37%
(v) Total Income (incl. Div/CG) > ₹2 Cr, but other income ≤ ₹2 Cr 15% on entire tax 15% on entire tax

Relief Surcharge Marginal Relief: Mathematical Formulations

Formula: Wn = Un + Vn
Marginal Relief = Total Tax (incl. Surcharge) on Total Income [A] − Wn [B]
Where:
Wn = Un + Vn
Un = Tax payable (including surcharge, if applicable) on the threshold limit (₹50L, ₹1 Cr, ₹2 Cr, or ₹5 Cr)
Vn = Total Income minus the threshold limit
ICAI Illustration 2: Marginal Relief at ₹50 Lakhs (Mr. Arpit, TI ₹51,00,000) Optional Regime

Problem: Compute tax liability of Mr. Arpit (aged 42), having total income of ₹51,00,000 for T.Y. 2026-27 under the optional normal tax regime.

Step / Particulars Amount (₹) Working & Formula Breakdown
(A) Tax on ₹51,00,000 (12.5k + 100k + 30% of 41L) 13,42,500 Base tax under normal slabs
Add: Surcharge @ 10% (TI > ₹50 Lakhs) 1,34,250 10% of ₹13,42,500
Total Tax + Surcharge (A) 14,76,750 Unadjusted liability
(B) Ceiling Limit Wn = Un + Vn:
• Un = Tax on threshold ₹50,00,000 13,12,500 12.5k + 100k + 30% of 40L
• Vn = Total income − ₹50,00,000 1,00,000 ₹51,00,000 − ₹50,00,000
Ceiling Wn = Un + Vn (B) 14,12,500 Tax + Surcharge cannot exceed Wn
Tax Payable before Cess (Lower of A or B) 14,12,500 Lower of ₹14,76,750 and ₹14,12,500
Marginal Relief (A − B) ₹64,250 ₹14,76,750 − ₹14,12,500
Add: Health & Education Cess @ 4% 56,500 4% of ₹14,12,500
Final Tax Liability ₹14,69,000 Net tax payable
ICAI Illustration 3: Marginal Relief at ₹1 Crore (Mr. Veer, TI ₹1,01,00,000) Default Regime (Sec 202)

Problem: Compute tax liability of Mr. Veer (aged 51) under the default tax regime having total income of ₹1,01,00,000 for T.Y. 2026-27.

Step / Particulars Amount (₹) Working & Formula Breakdown
Tax on ₹1,01,00,000 under Sec 202 (300k + 30% of 77L) 26,10,000 Sec 202 default slabs
Add: Surcharge @ 15% (TI > ₹1 Crore) 3,91,500 15% of ₹26,10,000
Total Tax + Surcharge (A) 30,01,500 Unadjusted liability
(B) Ceiling Limit Wn = Un + Vn:
• Tax on threshold ₹1,00,00,000 (300k + 30% of 76L) 25,80,000 Base tax on ₹1 Cr
• Add: Surcharge @ 10% on ₹25,80,000 2,58,000 Surcharge at ₹1 Cr threshold
Total Un (Tax + Surcharge on ₹1 Cr) 28,38,000 Un
• Vn = Total income − ₹1,00,00,000 1,00,000 ₹1,01,00,000 − ₹1,00,00,000
Ceiling Wn = Un + Vn (B) 29,38,000 28,38,000 + 1,00,000
Tax Payable before Cess (Lower of A or B) 29,38,000 Lower of ₹30,01,500 and ₹29,38,000
Marginal Relief (A − B) ₹63,500 ₹30,01,500 − ₹29,38,000
Add: Health & Education Cess @ 4% 1,17,520 4% of ₹29,38,000
Final Tax Liability ₹30,55,520 Net tax payable
ICAI Illustration 4: Marginal Relief at ₹2 Crores (Mr. Varun, TI ₹2,01,00,000) Normal Regime (25% Surcharge)

Problem: Compute tax liability of Mr. Varun (aged 58), having total income of ₹2,01,00,000 for T.Y. 2026-27 under the optional normal tax regime.

Step / Particulars Amount (₹) Working & Formula Breakdown
(A) Tax on ₹2,01,00,000 (112.5k + 30% of 191L) 58,42,500 Normal slab rates
Add: Surcharge @ 25% (TI > ₹2 Crores) 14,60,625 25% of ₹58,42,500
Total Tax + Surcharge (A) 73,03,125 Unadjusted liability
(B) Ceiling Limit Wn = Un + Vn:
• Tax on threshold ₹2,00,00,000 (112.5k + 30% of 190L) 58,12,500 Tax on ₹2 Cr
• Add: Surcharge @ 15% on ₹58,12,500 8,71,875 15% surcharge at ₹2 Cr threshold
Total Un (Tax + Surcharge on ₹2 Cr) 66,84,375 Un
• Vn = Total income − ₹2,00,00,000 1,00,000 ₹2,01,00,000 − ₹2,00,00,000
Ceiling Wn = Un + Vn (B) 67,84,375 66,84,375 + 1,00,000
Tax Payable before Cess (Lower of A or B) 67,84,375 Lower of ₹73,03,125 and ₹67,84,375
Marginal Relief (A − B) ₹5,18,750 ₹73,03,125 − ₹67,84,375
Add: Health & Education Cess @ 4% 2,71,375 4% of ₹67,84,375
Final Tax Liability ₹70,55,750 Net tax payable
ICAI Illustration 5: Comparative Regime Optimization at ₹5.01 Crores (Mr. Akhil, Age 65) 37% Surcharge vs 25% Cap

Problem: Compute the tax liability of Mr. Akhil (aged 65) in the most beneficial manner. He has total income of ₹5,01,00,000 for T.Y. 2026-27 comprising salary income, house property, and fixed deposit interest.

Particulars Default Regime (Sec 202) Optional Normal Regime
Base Income-tax ₹1,46,10,000 ₹1,48,40,000
Surcharge Rate Applicable 25% (Max cap in Sec 202) 37% (Normal regime > 5 Cr)
Surcharge Amount ₹36,52,500 ₹54,90,800
Total Tax + Surcharge (A) ₹1,82,62,500 ₹2,03,30,800
Marginal Relief Ceiling Wn = Un + Vn Not Applicable (no jump in rate) ₹1,86,12,500
Marginal Relief (A − B) NIL ₹17,18,300
Tax Payable before Cess ₹1,82,62,500 ₹1,86,12,500
Add: Health & Education Cess @ 4% ₹7,30,500 ₹7,44,500
Total Tax Liability ₹1,89,93,000 ₹1,93,57,000
Conclusion: Mr. Akhil should remain in the Default Tax Regime under Section 202 as it results in a direct tax saving of ₹3,64,000 (₹1,93,57,000 − ₹1,89,93,000).

Entities Tax Rates: Partnership Firms, LLPs & Co-operatives

Section 203 & 204
1. Partnership Firms & LLPs
  • Base Income-tax: Flat 30% on total income.
  • Surcharge: 12% if total income exceeds ₹1 Crore.
  • Marginal Relief: Available at ₹1 Crore threshold ($W_n = ext{Tax on ₹1 Cr} + [ ext{Total Income} - ext{₹1 Cr}]$).
  • Health & Education Cess: 4% on (Tax + Surcharge).
  • Effective Rate: 31.2% (TI ≤ 1 Cr) or 34.944% (TI > 1 Cr).
2. Co-operative Societies
  • Normal Slabs:
    • Up to ₹10,000: 10%
    • ₹10,001 to ₹20,000: 20%
    • Above ₹20,000: 30%
  • Surcharge: 7% (TI > 1 Cr to 10 Cr); 12% (TI > 10 Cr).
  • Section 203 Concessional: Any resident co-op society @ 22% + 10% Surcharge + 4% HEC = 25.168% (No AMT).
  • Section 204 Manufacturing: New manufacturing co-op society @ 15% + 10% Surcharge + 4% HEC = 17.16%.

Companies Tax Rates & Surcharges for Domestic & Foreign Companies

Illustrations 6 & 7
Company Type Base Tax Rate Surcharge (TI > 1 Cr to 10 Cr) Surcharge (TI > 10 Cr)
Domestic: Turnover ≤ ₹400 Cr in PY 2024-25 25% 7% (Marginal relief applies) 12% (Marginal relief applies)
Domestic: Turnover > ₹400 Cr 30% 7% (Marginal relief applies) 12% (Marginal relief applies)
Domestic: Section 200 (Concessional) 22% Flat 10% (No threshold; No relief) Flat 10% (Effective: 25.168%)
Domestic: Section 201 (Mfg setup 2019-2024) 15% Flat 10% (Effective: 17.16%) Flat 10% (Effective: 17.16%)
Foreign Company 35% (50% on royalties) 2% (Marginal relief applies) 5% (Marginal relief applies)
ICAI Illustration 6: Domestic Company Marginal Relief at ₹1 Crore (X Ltd.) Turnover > ₹400 Cr

Problem: Compute marginal relief available to X Ltd., a domestic company, assuming total income is ₹1,01,00,000 for T.Y. 2026-27 (gross receipts in T.Y. 2024-25 was ₹402 Crore; company has not opted for Sec 200 or 201).

Step / Particulars Amount (₹) Working & Statutory Basis
Tax on ₹1,01,00,000 @ 30% 30,30,000 30% of ₹1,01,00,000
Add: Surcharge @ 7% (TI > ₹1 Crore) 2,12,100 7% of ₹30,30,000
Total Tax + Surcharge (A) 32,42,100 32.1% effective base
Ceiling Limit Wn = Un + Vn:
• Un = Tax on threshold ₹1,00,00,000 @ 30% 30,00,000 No surcharge at ₹1 Cr
• Vn = Total income − ₹1,00,00,000 1,00,000 Excess over ₹1 Cr
Ceiling Wn = Un + Vn (B) 31,00,000 Tax + Surcharge cannot exceed ₹31,00,000
Tax Payable before Cess (Lower of A or B) 31,00,000 Lower of ₹32,42,100 and ₹31,00,000
Marginal Relief (A − B) ₹1,42,100 ₹32,42,100 − ₹31,00,000
Add: Health & Education Cess @ 4% 1,24,000 4% of ₹31,00,000
Final Tax Payable ₹32,24,000 Net tax liability
ICAI Illustration 7: Domestic Company Marginal Relief at ₹10 Crores (Y Ltd.) Turnover > ₹400 Cr

Problem: Compute marginal relief available to Y Ltd., a domestic company, assuming total income is ₹10,01,00,000 for T.Y. 2026-27 (gross receipts in T.Y. 2024-25 was ₹410 Crore; company has not opted for Sec 200 or 201).

Step / Particulars Amount (₹) Working & Statutory Basis
Tax on ₹10,01,00,000 @ 30% 3,00,30,000 30% of ₹10,01,00,000
Add: Surcharge @ 12% (TI > ₹10 Crores) 36,03,600 12% of ₹3,00,30,000
Total Tax + Surcharge (A) 3,36,33,600 33.6% effective base
Ceiling Limit Wn = Un + Vn:
• Tax on ₹10,00,00,000 @ 30% 3,00,00,000 30% of ₹10 Cr
• Add: Surcharge @ 7% on ₹3,00,00,000 21,00,000 7% surcharge at ₹10 Cr threshold
Total Un (Tax + Surcharge on ₹10 Cr) 3,21,00,000 Un
• Vn = Total income − ₹10,00,00,000 1,00,000 Excess over ₹10 Cr
Ceiling Wn = Un + Vn (B) 3,22,00,000 3,21,00,000 + 1,00,000
Tax Payable before Cess (Lower of A or B) 3,22,00,000 Lower of ₹3,36,33,600 and ₹3,22,00,000
Marginal Relief (A − B) ₹14,33,600 ₹3,36,33,600 − ₹3,22,00,000
Add: Health & Education Cess @ 4% 12,88,000 4% of ₹3,22,00,000
Final Tax Payable ₹3,34,88,000 Net tax liability

Sec 516 Section 516 Rounding-Off Rules & Health and Education Cess

Final Computation Rule
Section 516(1): Rounding Off Total Income

Total income must be rounded off to the nearest multiple of ten rupees. If the last digit is 5 or more, it is rounded up to the next higher multiple of ten; if less than 5, it is rounded down.
Example: ₹8,54,325 becomes ₹8,54,330; ₹8,54,324 becomes ₹8,54,320.

Section 516(2): Rounding Off Tax & Refund

The amount of tax, interest, penalty, or refund payable or receivable shall be rounded off to the nearest multiple of ten rupees on the identical principles.
Health & Education Cess: Calculated uniformly @ 4% on (Income-tax + Surcharge − Section 156 Rebate).

TYK ICAI Test Your Knowledge: Practical Exam Problems & Solutions

Six Classic Practical Scenarios
Question 1: Advocate Professional Fees Donated to Charitable Trust Application vs Diversion

Question: Mr. Bhargava, a leading advocate on corporate law, agreed to defend a company in the Supreme Court on the condition that he would be provided with ₹5 lakhs for a public charitable trust that he would create. He defended the company, was paid ₹5 lakhs, and created a trust of that sum by executing a trust deed. Decide whether the amount received by Mr. Bhargava is assessable in his hands as professional income.

ICAI Solution & Judicial Principle:
In this case, the trust was created by Mr. Bhargava himself out of his professional income. The client company did not create the trust, nor did it impose an overriding obligation in the nature of a trust binding on Mr. Bhargava before the income accrued.
Therefore, the income accrued to Mr. Bhargava as professional fees and was subsequently applied by him to fund the trust. This is a clear case of Application of Professional Income and NOT diversion of income by overriding title.
Conclusion: The sum of ₹5,00,000 is fully assessable in his hands under the head "Profits and gains of business or profession".
Question 2: Overriding Charge on Net Profits to Proprietor's Wife Diversion by Overriding Title

Question: XYZ Ltd. took over the running business of a sole proprietor by a sale deed. As per the deed, XYZ Ltd. undertook to pay overriding charges of ₹15,000 p.a. to the wife of the sole proprietor in addition to the sale consideration, charged on the net profits of XYZ Ltd. as a condition of purchase. Is the payment diversion of income or application of income?

Allahabad High Court
Jit & Pal X-Rays (P.) Ltd. v. CIT (2004) 267 ITR 370 (All)
ICAI Solution & Judicial Principle:
The overriding charge in favour of the proprietor's wife was an integral condition of the sale deed by which the going concern was acquired. The obligation was attached to the very source of income (the business concern transferred).
The profits to the extent of ₹15,000 p.a. never reached XYZ Ltd. as its beneficial income; they were diverted at source before accrual.
Conclusion: This is a case of Diversion of Income by Overriding Title. The amount is deductible / excludible from the profits of XYZ Ltd.
Question 3: 20% Partnership Profits Paid to Deceased Partner's Widow Diversion by Overriding Title

Question: MKG Agency is a partnership firm of Mohan and his three sons. The deed provided that upon Mohan's death, the business shall continue subject to the condition that the firm pays 20% of profits to their mother, Lakshmi. Mohan died in March 2026. In T.Y. 2026-27, the reconstituted firm paid ₹1,00,000 (20% profits) to Lakshmi and claimed it as deduction. Examine the validity of the claim.

Bombay High Court
CIT v. Nariman B. Bharucha & Sons (1981) 130 ITR 863 (Bom)
ICAI Solution & Judicial Principle:
The obligation to pay 20% profits to Lakshmi was created by the partnership deed itself as an overriding condition for the continuation of the firm. The income of ₹1,00,000 was diverted at source before it could become the income of the reconstituted firm.
The firm merely received the amount for and on behalf of Lakshmi, who possesses an overriding title superior to the firm.
Conclusion: The claim of the firm is valid in law. The sum of ₹1,00,000 must be excluded from the firm's total income.
Question 4: Continuity of HUF with Single Male Coparcener Entity Classification

Question: Anand was the Karta of an HUF. He died leaving behind his major son Prem, his widow, his grandmother, and his brother’s wife. Can the HUF retain its status as such, or do the surviving members become co-owners?

Supreme Court Ruling
Gowli Buddanna v. CIT (1966) 60 ITR 293 (SC)
ICAI Solution & Judicial Principle:
The Supreme Court settled that there need not be more than one male member to form or continue an HUF under the Income-tax Act. The expression "HUF" is used in the sense understood under Hindu personal law.
A joint family may consist of a single male member and the widows/female members of deceased coparceners. The joint family property does not cease to belong to the joint family merely because it is represented by a single surviving coparcener.
Conclusion: The entity retains its status as an HUF; the surviving members do NOT become mere co-owners.
Question 5: Section 106 Hundi Borrowing on Bearer Cheque Deemed Income u/s 106

Question: Mr. C borrowed on Hundi a sum of ₹25,000 by bearer cheque on 11.09.2026 and repaid the same with interest amounting to ₹30,000 by account payee cheque on 12.10.2026. The AO wants to treat the ₹25,000 borrowed as income during the tax year. Is the AO's action valid?

ICAI Solution & Statutory Provision:
Under Section 106, where any amount is borrowed on a hundi, or any amount due thereon is repaid, otherwise than through an account-payee cheque drawn on a bank, the amount so borrowed or repaid is deemed to be the income of the person for the tax year in which it was borrowed or repaid.
Here, Mr. C borrowed ₹25,000 by bearer cheque (violating Section 106). Even though the repayment was by account payee cheque, the borrowing itself is hit by Section 106.
Conclusion: The Assessing Officer’s action in treating the ₹25,000 borrowed as deemed income for T.Y. 2026-27 is valid in law.
Question 6: Section 105(2) Disallowance of Unexplained Rent Expenditure Strict Statutory Prohibition

Question: The AO discovered that a partnership firm paid rent of ₹60,000 for its business premises which was not debited in the books for the year ending 31.3.2027. The firm could not explain the source. The AO proposes an addition of ₹60,000 u/s 105. The firm claims that since the rent was incurred for business purposes, it should be allowed as a business deduction. Examine the firm’s claim.

ICAI Solution & Statutory Provision:
The unrecorded rent payment constitutes unexplained expenditure under Section 105 because the firm failed to explain the financial source of the payment.
Section 105(2) explicitly states: "Irrespective of any other provision of this Act, such unexplained expenditure, which is deemed to be the income of the assessee, shall NOT be allowed as a deduction under the Act."
Conclusion: The claim of the firm for a business deduction is wholly untenable. The addition of ₹60,000 stands as deemed income, and tax is chargeable @ 78% under Section 107 without any deduction.
Master Exam Summary: Chapter 1 Key Takeaways
• Default Regime (Sec 202): 0-4L Nil, 4-8L 5%, 8-12L 10%, 12-16L 15%, 16-20L 20%, 20-24L 25%, >24L 30%.
• Sec 156 Rebate: Zero tax up to ₹12 Lakhs; marginal relief rebate protects excess over ₹12 Lakhs.
• 15% Surcharge Cap: Capped at 15% on Dividend, Sec 196 (STCG 111A), Sec 197 (LTCG 112A), and Sec 198 (LTCG 112).
• Unexplained Incomes (Sec 107): Flat 60% + 25% surcharge + 4% cess = 78% effective. No loss set-off.
• Domestic Companies: 25% (turnover ≤ 400 Cr in PY 2024-25) or 30%. Concessional Sec 200 @ 22% (Effective: 25.168%).
• Rounding Off (Sec 516): Total income and tax payable/refundable rounded to nearest multiple of ₹10.