Clause 227 Computation of tonnage income.
Income Tax Bill, 2025
1. Introduction
Clause 227(9) of the Income Tax Bill, 2025 and Section 115VX of the Income Tax Act, 1961, both address the determination of the tonnage of ships and inland vessels for the purposes of the tonnage tax regime. The tonnage tax system provides a special method of computing profits for shipping companies, diverging from the conventional income computation under the Income Tax Act. Instead of taxing actual profits, the regime taxes notional income based on the net tonnage of ships operated by qualifying companies. This system is intended to enhance the global competitiveness of Indian shipping companies, provide fiscal certainty, and align the Indian tax regime with international practices.
Clause 227(9) is a part of a broader legislative overhaul proposed in the Income Tax Bill, 2025, which seeks to modernize and consolidate the law. Section 115VX, on the other hand, is an existing provision under Chapter XII-G of the Income Tax Act, 1961, which introduced and governs the tonnage tax scheme in India. Both provisions are fundamentally similar in their structure and objective, but a detailed analysis is necessary to highlight nuances, legislative intent, and practical implications for stakeholders.
2. Objective and Purpose
Legislative Intent and Policy Considerations
The primary objective of both Clause 227(9) and Section 115VX is to provide a clear, uniform, and objective method for determining the tonnage of ships and inland vessels for the computation of tonnage income. The rationale is to ensure certainty, minimize disputes, and align Indian law with international conventions and best practices.
- Certainty and Uniformity: By linking the determination of tonnage to certificates issued under internationally recognized conventions and domestic statutes, the provisions reduce the scope for subjective interpretations and administrative discretion.
- Alignment with International Practice: The use of certificates under the International Convention on Tonnage Measurement of Ships, 1969, and the Merchant Shipping Act, 1958, ensures that Indian law is in harmony with international norms, facilitating global operations for Indian shipping companies.
- Facilitation of the Tonnage Tax Regime: The tonnage tax regime is designed to provide a simplified and predictable tax environment for shipping companies, thereby encouraging investment, fleet expansion, and the development of India as a maritime hub.
- Inclusion of Inland Vessels: The explicit inclusion of inland vessels (especially after the Inland Vessels Act, 2021) reflects the government's intent to broaden the scope of the tonnage tax regime, recognizing the growing importance of inland water transport.
3. Detailed Analysis of Clause 227(9)
Breakdown and Interpretation
- Sub-clause (a): Tonnage Determination by Certificate
The tonnage of a ship or inland vessel is to be determined strictly as per the certificate indicating its tonnage. This removes any room for alternative methods of measurement or estimation, ensuring objectivity and consistency.
- Sub-clause (b): Definition of "Valid Certificate"
- (i) Ships Registered in India
- (A) Length less than 24 metres: Certificate under the Merchant Shipping (Tonnage Measurement of Ship) Rules, 1987, made under the Merchant Shipping Act, 1958.
- (B) Length 24 metres or more: International tonnage certificate under the Convention on Tonnage Measurement of Ships, 1969, as specified in the same Rules.
- (ii) Ships Registered Outside India
Such ships must have a licence from the Director-General of Shipping u/ss 406 or 407 of the Merchant Shipping Act, 1958. The licence must specify net tonnage based on a Tonnage Certificate from the Flag State Administration, or any other evidence acceptable to the Director-General of Shipping.
- (iii) Inland Vessels Registered in India
The tonnage is determined by a certificate issued under the Inland Vessels Act, 2021.
Key Features and Legal Principles
- Reliance on Statutory Certificates: The provision mandates reliance on statutory certificates, thus limiting disputes regarding tonnage computation and providing legal certainty.
- International and Domestic Compliance: By referencing both domestic and international certificates, the provision caters to the needs of both Indian and foreign-registered vessels operating in India.
- Administrative Discretion: For foreign ships, the Director-General of Shipping is vested with limited discretion to accept alternative evidence if the standard certificates are unavailable, but this discretion is circumscribed and subject to regulatory oversight.
- Inclusion of Inland Vessels: The explicit inclusion of inland vessels and reference to the Inland Vessels Act, 2021, marks a progressive step in broadening the regime.
Ambiguities and Potential Issues
- Discretion in Accepting Evidence: The phrase "any other evidence acceptable to the Director-General of Shipping" for foreign ships introduces some subjectivity, which could potentially lead to inconsistent application unless further clarified by rules or guidelines.
- Overlap of Regulatory Jurisdiction: The provision references multiple statutes (Merchant Shipping Act, 1958; Inland Vessels Act, 2021), which may lead to jurisdictional overlaps, especially for vessels operating in both inland and coastal waters.
- Update and Harmonization: The reference to the Merchant Shipping (Tonnage Measurement of Ship) Rules, 1987, presumes that these rules will remain unchanged. Any amendment to the underlying rules could necessitate corresponding legislative updates.
4. Practical Implications
For Shipping Companies
- Compliance Certainty: Companies can structure their operations and tax planning with certainty, relying on the tonnage as certified by competent authorities.
- Ease of Documentation: The requirement of statutory certificates simplifies documentation and reduces the compliance burden, as these certificates are already required for regulatory purposes.
- Potential for Disputes: Limited to cases where certificates are absent, ambiguous, or where alternative evidence is submitted for foreign ships.
For Tax Authorities
- Objective Assessment: Tax officers are bound to accept the tonnage as per the valid certificate, reducing scope for arbitrary assessments.
- Verification: The main task is to verify the authenticity and validity of certificates, rather than engage in technical measurement.
For Regulators (DG Shipping, etc.)
- Central Role: The Director-General of Shipping plays a pivotal role in certifying and, where necessary, accepting alternative evidence for foreign ships.
- Need for Clear Guidelines: To ensure uniformity and avoid allegations of arbitrariness, regulators may need to issue detailed guidelines on what constitutes "acceptable" alternative evidence.
For Inland Water Transport Operators
- Inclusion in Tonnage Tax Regime: Operators of inland vessels are explicitly brought within the regime, providing them with potential tax benefits and compliance obligations similar to ocean-going shipping companies.
5. Comparative Analysis: Clause 227(9) vs. Section 115VX
| Aspect |
Section 115VX of the Income Tax Act, 1961 |
Clause 227(9) of the Income Tax Bill, 2025 |
| Applicability |
Ships and, post-amendment, inland vessels for tonnage tax scheme |
Ships and inland vessels; explicitly covers both categories |
| Definition of Valid Certificate |
Specifies certificates under Merchant Shipping Act, 1958, and Inland Vessels Act, 2021 |
Repeats same requirements, consolidates language for clarity |
| Ships <24m (India) |
Certificate under Merchant Shipping (Tonnage Measurement of Ship) Rules, 1987 |
Same |
| Ships >=24m (India) |
International tonnage certificate under 1969 Convention, as per 1987 Rules |
Same |
| Ships Registered Outside India |
Licence by DG Shipping under s.406/407, with Flag State certificate or other evidence |
Same, with slightly more explicit language on acceptable evidence |
| Inland Vessels |
Certificate under Inland Vessels Act, 2021 (post-2025 amendment) |
Same |
| Discretion to DG Shipping |
Permits "any other evidence acceptable to DG Shipping" |
Same |
| Consolidation |
Separate section; earlier only ships, now includes inland vessels |
Integrated in a new, comprehensive provision |
Substantive Differences and Similarities
- Substantial Parity: Both provisions are almost identical in substance and language, reflecting a deliberate legislative decision to retain the existing framework for tonnage determination in the new Bill.
- Inclusion of Inland Vessels: Section 115VX was amended by the Finance Act, 2025, to include inland vessels, effective 01-04-2026, whereas Clause 227(9) incorporates this inclusion ab initio. This harmonizes the coverage under both regimes.
- Administrative Discretion: Both provisions vest discretion in the DG Shipping to accept alternative evidence for foreign ships, ensuring practical flexibility.
- Legal Certainty: Both provisions provide for legal certainty by relying on statutory certificates, reducing potential for disputes.
Contextual Differences
- Legislative Context: Clause 227(9) is part of a comprehensive new Income Tax Bill, intended to replace and modernize the Income Tax Act, 1961. Section 115VX remains operative until the new Bill comes into force.
- Structural Placement: Clause 227(9) is situated within a broader, restructured framework for computation of tonnage income, whereas Section 115VX is located within Chapter XII-G, which is specifically dedicated to the tonnage tax scheme.
Potential Conflicts or Overlaps
- Transitional Issues: During the transition from the 1961 Act to the new Bill, there may be some confusion or overlap regarding the applicability of the two provisions, especially for assessment years straddling the commencement date.
- Consistency in Interpretation: Given the near-identical language, judicial and administrative interpretations u/s 115VX are likely to be relevant and persuasive for Clause 227(9), ensuring continuity in legal principles.
6. Comparative Analysis with International Practice
The reliance on international certificates (such as those issued under the International Convention on Tonnage Measurement of Ships, 1969) aligns Indian law with prevailing global standards. Many maritime nations adopt similar approaches in their tonnage tax regimes, using internationally recognized certificates for determining net tonnage. This harmonization facilitates international operations, reduces compliance barriers, and enhances the competitiveness of Indian shipping companies.
7. Conclusion
Clause 227(9) of the Income Tax Bill, 2025, represents a continuation and consolidation of the principles enshrined in Section 115VX of the Income Tax Act, 1961. Both provisions are designed to foster certainty, objectivity, and international alignment in the determination of tonnage for the purposes of the tonnage tax regime. The explicit inclusion of inland vessels reflects the evolving scope of the Indian shipping industry and the government's intent to provide a level playing field for all operators.
While both provisions are largely identical, the transition to the new Bill offers an opportunity for further clarification, especially regarding the exercise of discretion by the Director-General of Shipping and the harmonization of procedures across different classes of vessels. Stakeholders should monitor subsequent rules and administrative guidelines to ensure smooth implementation and minimize disputes.
Full Text:
Clause 227 Computation of tonnage income.
Dated: 28-5-2025
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