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Income-tax Act, 2025: basis of charge, basic concepts and agricultural income

Law of Taxation · Unit II · Topic 5 of 20 · 8 min read

The 2025 Act that replaced the 1961 Act from 1 April 2026, the tax year, the charge under section 4, person, assessee, deemed assessee and assessee in default, income and the five heads, and agricultural income with the Raja Benoy Kumar test and the foreign-land problem.

On this page
  1. 1. The new Act and the transition
  2. 2. Charge of income-tax: section 4 [section 4]
  3. 3. Basic definitions
  4. 4. Deemed assessee and assessee in default
  5. 5. Heads of income: section 13 [section 14]
  6. 6. Agricultural income
  7. 7. Problem (January 2026, Q. 9(b))
  8. How this is examined
Cases checked to exist. Read the judgment before quoting a holding.

Every case cited here has been checked to exist — the citation resolves and names the right parties. The propositions attributed to each case have not been verified line by line against the judgment. Case names link through to the full judgment: read it before quoting a holding in an examination answer, and never carry a proposition from notes into court on trust.

Read this first. The syllabus and every past paper refer to the Income-tax Act, 1961. That Act has been repealed. The Income-tax Act, 2025 (No. 30 of 2025) received the President’s assent on 21 August 2025 and came into force on 1 April 2026 (section 1(3)); section 536(1) repeals the 1961 Act. These notes give the section of the 2025 Act first and the 1961 section in square brackets. In the exam, name the 2025 Act and add the old section; examiners setting questions on the 1961 Act will recognise both.

1. The new Act and the transition

The 2025 Act consolidates the law in 536 sections and 16 Schedules, against roughly 800 sections in the 1961 Act after decades of insertions. Much of the substance is carried over, but the numbering is entirely new, many exemptions have moved into Schedules, and tables replace long provisos. Two changes affect every answer:

2. Charge of income-tax: section 4 [section 4]

Where a Central Act (the annual Finance Act) prescribes rates for a tax year, income-tax is charged at those rates on the total income of the tax year of every person (section 4(1) and (2)). Tax is deducted or collected at source or paid in advance as the Act provides (section 4(5)). The charge therefore has four elements: the rate fixed by the Finance Act, the person, the tax year, and the total income computed under the Act.

3. Basic definitions

4. Deemed assessee and assessee in default

Some persons are assessed not for their own income but for someone else’s, or for a failure to pay over tax. These are the “deemed assessees”.

5. Heads of income: section 13 [section 14]

All income is classified under five heads: (a) Salaries; (b) Income from house property; (c) Profits and gains of business or profession; (d) Capital gains; (e) Income from other sources. The heads are mutually exclusive: an item that falls under a specific head cannot be taxed under another, and “other sources” under section 92 [section 56] is residuary. Expenditure in relation to exempt income is not deductible (section 14 [section 14A]).

6. Agricultural income

Constitutional basis. Entry 82 of List I lets Parliament tax income other than agricultural income; Entry 46 of List II gives taxes on agricultural income to the States. Article 366(1) defines agricultural income as agricultural income as defined for the purposes of the enactments relating to Indian income-tax. Parliament therefore cannot tax it, and the Act exempts it.

Definition, section 2(5) [section 2(1A)]. Agricultural income means:

It excludes income from using such building or land for any non-agricultural purpose, and income from transfer of urban agricultural land (that is a capital gain).

Exemption. Agricultural income is not included in total income: section 11(1) read with Schedule II (Table: Sl. No. 1) [section 10(1)]. It is nevertheless taken into account for rate purposes in the case of individuals and HUFs having non-agricultural income above the basic exemption (the “partial integration” method laid down in the annual Finance Act), so that the non-agricultural income is taxed at the higher slab rate.

Basic operations test. In Commissioner of Income-tax, West Bengal v. Raja Benoy Kumar Sahas Roy, 1957 INSC 55, (1957) 32 ITR 466, the assessee earned income from trees in a forest that had grown spontaneously, on which he carried out only subsequent operations such as weeding and tending. The Court held that “agriculture” requires basic operations on the land itself, tilling, sowing, planting, and human skill and labour applied to the land. Subsequent operations alone, on products of spontaneous growth, are not agriculture. Income from a spontaneously grown forest was therefore not agricultural income.

7. Problem (January 2026, Q. 9(b))

Mr. Mahantesh, a resident of India, receives Rs. 6 lakhs from agricultural land situated outside India. How is this income treated under the Income-tax Act?

Issue. Whether income from farming land abroad is exempt agricultural income, and if not, whether it is taxable in India.

Law. Section 2(5)(a) and (b) define agricultural income by reference to land situated in India. Only such income is exempt under section 11(1) and Schedule II (Sl. No. 1). Under section 5(1) a resident (other than not ordinarily resident) is taxed on income from whatever source, including income that accrues or arises outside India.

Application. The land is outside India, so the income is not “agricultural income” within section 2(5), however agricultural the activity may be. Mahantesh is a resident. If he is resident and ordinarily resident, his foreign income is included under section 5(1)(c). If he were not ordinarily resident, foreign income would be included only if derived from a business controlled in or a profession set up in India. The income will be computed under “Profits and gains of business or profession” if he carries on farming as a business, or under “Income from other sources” if he only receives rent. Relief may be available under a tax treaty with that country (section 159) or unilaterally (section 160) [sections 90 and 91] for foreign tax paid.

Conclusion. The Rs. 6 lakhs is not exempt. It is taxable in India as part of Mahantesh’s total income, subject to double taxation relief.

How this is examined

January 2026 (100-mark paper) Q. 3: explain the meaning of agricultural income and how it is treated for tax purposes, and Q. 9(b), the problem above. Older papers ask for definitions of person, assessee and deemed assessee as short notes.

For the essay on agricultural income, give the constitutional basis, the four limbs of the definition, the exemption and partial integration, and Raja Benoy Kumar. Always mention that the land must be in India; that single point decides the usual problem.

Now try the real questions: Law of Taxation past question papers.