The Interplay of Special and General Provisions : Clause 206(12) of Income Tax Bill, 2025 Vs. Section 115JE of Income Tax Act, 1961

Clause 206 Special provision for minimum alternate tax and alternate minimum tax.

Income Tax Bill, 2025

Introduction

The concept of Minimum Alternate Tax (MAT) and Alternate Minimum Tax (AMT) has been a cornerstone of Indian direct tax legislation, designed to ensure that companies and certain non-corporate entities pay a minimum amount of tax, even if their income is substantially reduced or eliminated through various deductions and incentives. The introduction of Clause 206 in the Income Tax Bill, 2025, continues this legacy, providing an elaborate framework for MAT and AMT, while also laying down the mechanics for their computation, exceptions, and related procedural requirements.

Within this comprehensive provision, Clause 206(12) assumes a pivotal role by acting as a "savings" or "application" clause, stipulating the continued applicability of other provisions of the Act to persons covered under Clause 206, except where expressly overridden. This is conceptually similar to Section 115JE of the Income-tax Act, 1961, which serves a parallel function within the older statutory framework, particularly in the context of AMT for non-corporate entities. This commentary provides a detailed legal analysis of Clause 206(12), explores its objectives, practical implications, and compares it with the existing Section 115JE, highlighting the legal, procedural, and policy nuances.

Objective and Purpose

The legislative intent behind such "application clauses" is to ensure that, while specific rules for MAT/AMT override the general provisions to the extent of inconsistency, the remainder of the Act continues to apply to the affected assessees. This is crucial for legal certainty and administrative efficiency, preventing interpretative gaps or unintended exclusions from the general tax framework.

Historically, the introduction of MAT (via Section 115JB and its predecessors) and later AMT (via Chapter XII-BA, including Section 115JE) was aimed at ensuring that entities with substantial book profits or adjusted total income, but who availed themselves of various deductions and exemptions, nonetheless contributed a minimum amount of tax. However, the computation mechanisms and procedural aspects under MAT/AMT differ from the regular tax regime, necessitating explicit clarification regarding the continued application of the rest of the Act.

Clause 206(12) of the 2025 Bill is thus designed to serve two interlinked purposes:

• To confirm that all other provisions of the Income Tax Act apply to MAT/AMT assessees, except where specifically excluded by Clause 206 itself;
• To ensure seamless integration of the MAT/AMT provisions into the overall tax framework, thereby avoiding interpretative disputes about the applicability of general provisions (e.g., procedural rules, penalty provisions, appeal mechanisms, etc.) to MAT/AMT cases.

Detailed Analysis of Clause 206(12)

Clause 206(12) is a classic example of a "non-obstante cum saving" provision. The phrase "Save as otherwise provided in this section" means that wherever Clause 206 prescribes a special rule (e.g., computation of book profit, rates of MAT/AMT, exclusions), that special rule overrides the general Act. In all other respects, the Act applies as usual.

The implications of this are multi-fold:

• Scope of Application: Every assessee to whom Clause 206 applies-companies, co-operative societies, units in International Financial Services Centres, and other non-corporate entities-is subject to the general provisions of the Act, except to the extent overridden by Clause 206.
• Procedural Provisions: Provisions relating to assessment, appeals, penalties, interest, rectification, and recovery are all applicable to MAT/AMT assessees, unless there is an express or implied exclusion in Clause 206.
• Substantive Provisions: Other substantive provisions (such as those relating to set-off and carry forward of losses, tax credits, etc.) are applicable, subject to the specific computation and credit mechanisms provided in Clause 206 (e.g., sub-clauses (10), (13)-(16)).
• Interpretative Clarification: The provision forestalls any argument that the special regime is a self-contained code to the exclusion of the rest of the Act, except where the section itself so provides.

Illustrative Scenarios of Application

1. Assessment and Appeals:
   If an assessee is aggrieved by the computation of MAT/AMT, the usual appeal and revision mechanisms under the Act remain available, as Clause 206(12) does not exclude their operation.
2. Penalties and Prosecutions:
   Penalty provisions for under-reporting, misreporting, or non-compliance with procedural requirements (such as failure to furnish the MAT/AMT report under Clause 206(11)) continue to apply.
3. Interest Provisions:
   Interest for default in payment of advance tax or for delay in filing returns is applicable, except where Clause 206 itself provides otherwise (e.g., sub-clause (9) excludes interest on refunds under sub-clause (8)).
4. Set-off and Carry Forward:
   The set-off and carry forward of losses and unabsorbed depreciation are regulated by Clause 206(10) and (15), but, subject to these, the general regime applies.
5. Tax Credits:
   MAT/AMT credit mechanisms are specifically provided in Clause 206(13)-(16), but general provisions relating to credits, if not inconsistent, would apply.

Exceptions and Overriding Effects

The opening words "Save as otherwise provided in this section" are crucial. They ensure that wherever Clause 206 lays down a different rule (e.g., computation of book profit, carry forward of MAT credit for 15 years, etc.), those special rules prevail over the general Act. For instance:

• Clause 206(10) specifically provides that MAT computation does not affect the determination of amounts to be carried forward under certain sections.
• Clause 206(13)-(16) prescribe a special regime for MAT/AMT credit, overriding general set-off provisions.
• Clause 206(9) excludes interest on certain refunds, overriding the general rule in Section 244A of the Act.
• Clause 206(18) lists out classes of persons to whom MAT/AMT does not apply, even if they would otherwise be covered by the general Act.

Thus, the "application clause" is always subject to the specific overriding or exclusionary provisions within Clause 206 itself.

Practical Implications

The practical effect of Clause 206(12) is to ensure administrative and legal continuity for MAT/AMT assessees:

• For Taxpayers: They are required to comply not only with the special MAT/AMT provisions but also with all other applicable provisions of the Act, such as return filing, audit, assessment, and compliance procedures.
• For Tax Authorities: The assessing and appellate authorities retain their powers under the Act, subject to the special computation and procedural rules in Clause 206.
• For Legal Interpretation: The provision prevents arguments that the MAT/AMT regime is a "complete code" to the exclusion of the rest of the Act, except where specifically so provided.
• For Compliance: Taxpayers must be vigilant in applying both the MAT/AMT rules and the general Act, and in identifying areas where the special regime overrides the general law.

Comparative Analysis: Clause 206(12) vs Section 115JE

1. Placement and Scope

• Section 115JE: Located in Chapter XII-BA, which deals with "Special Provisions Relating to Certain Persons Other Than a Company." It applies specifically to the AMT regime, primarily for LLPs and certain non-corporate assessees.
• Clause 206(12): Embedded within a single, consolidated section governing both MAT and AMT for a wide range of entities, including companies, co-operative societies, and other non-corporate entities.

2. Wording and Breadth

• Section 115JE: Applies "save as otherwise provided in this Chapter," i.e., the overriding effect is limited to the chapter, which includes multiple sections on AMT.
• Clause 206(12): Applies "save as otherwise provided in this section," i.e., the overriding effect is only to the specific section (Clause 206) and not to a broader chapter. This tightens the focus of the override and may reduce ambiguity about the extent of the special regime.

3. Assessee Coverage

• Section 115JE: Originally applied only to LLPs, later expanded to "a person" (including individuals, HUFs, AOPs, BOIs, etc.) covered under the AMT regime.
• Clause 206(12): Covers a much broader set of assessees, including companies (MAT), units in IFSCs, co-operative societies, and other non-corporate entities, as detailed in the Table in Clause 206(1).

4. Integration with Special Regime

• Section 115JE: The saving clause operates in the context of a chapter, with separate sections for computation, credit, etc.
• Clause 206(12): The entire MAT/AMT regime is consolidated in a single, detailed section, with the saving clause referring to "this section." This drafting approach may facilitate easier administration and interpretation, but also places greater emphasis on the precise wording of the section.

5. Potential Ambiguities and Issues

• Section 115JE: The reference to "this Chapter" could create interpretive issues where provisions in other chapters (e.g., general penalty or procedure sections) are arguably inconsistent with the AMT regime.
• Clause 206(12): By limiting the override to "this section," the drafters may have sought to minimize such ambiguities. However, the practical effect will depend on the clarity and completeness of Clause 206 itself.

6. Evolution and Legislative Policy

• Section 115JE: Was a necessary adjunct to the introduction of AMT for non-corporate entities in 2011, mirroring the approach taken in the MAT regime for companies.
• Clause 206(12): Reflects a policy shift towards consolidation and uniformity, bringing MAT and AMT under a single, harmonized framework, and ensuring that the application clause is consistently worded for all affected assessees.

Comparative Table: Clause 206(12) vs. Section 115JE

Aspect	Clause 206(12) in the Income Tax Bill, 2025	Section 115JE of the Income-tax Act, 1961
Wording	"Save as otherwise provided in this section, all other provisions of this Act shall apply to every assessee mentioned in this section."	"Save as otherwise provided in this Chapter, all other provisions of this Act shall apply to a person referred to in this Chapter."
Scope	All assessees covered by MAT/AMT (companies, non-corporates, IFSC units, co-operative societies, etc.)	Non-corporate entities covered by AMT (originally LLPs, later expanded)
Reference	This section (Clause 206)	This Chapter (XII-BA)
Exceptions/Carve-outs	Detailed and specific (e.g., sub-sections (9), (17), (18))	General, based on Chapter structure
Procedural Requirements	Accountant's report mandatory (sub-section (11))	No explicit requirement in Section 115JE
Integration	Part of a consolidated MAT/AMT regime	Adjunct to existing AMT regime

Practical and Policy Implications

The differences in drafting and placement between the two provisions have practical consequences:

• Clarity and Certainty: The move to a single, consolidated section with a tightly drafted application clause under the 2025 Bill may enhance clarity and reduce litigation over the applicability of general provisions.
• Administrative Efficiency: Tax authorities and taxpayers benefit from having a single reference point for the MAT/AMT regime, with the application clause immediately accessible.
• Potential for Overlooked Inconsistencies: The effectiveness of the "save as otherwise" formula depends on the comprehensiveness of Clause 206. Any omissions or ambiguities in the special rules could lead to interpretive disputes about the applicability of general provisions.

Conclusion

Clause 206(12) in the Income Tax Bill, 2025, serves as a crucial link between the special MAT/AMT regime and the general provisions of the Income Tax Act. Its function as a "saving clause" ensures that, except where specifically overridden, the entire machinery of the Act applies to MAT/AMT assessees. Compared to Section 115JE of the Income-tax Act, 1961, Clause 206(12) is broader in scope, more precise in its drafting, and better integrated into a consolidated special regime. The shift towards a more unified approach reflects evolving legislative policy and aims to enhance legal certainty and administrative efficiency. However, the ultimate effectiveness of the provision will depend on the clarity and completeness of the special rules set out in Clause 206 itself, and on the vigilance of both taxpayers and the tax administration in navigating the interplay between the special and general regimes.

Alternative Titles for the Commentary

1. "The Interplay of Special and General Provisions: An Analysis of Clause 206(12) and Section 115JE in India's Income Tax Law"
2. "Saving Clauses in Tax Legislation: Comparative Insights from Clause 206(12) and Section 115JE"
3. "MAT and AMT Regimes under the New Income Tax Bill: Scope, Application, and Continuity"
4. "From Section 115JE to Clause 206(12): Evolution of Application Clauses in India's Alternate Tax Regimes"

 

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Full Text:

Clause 206 Special provision for minimum alternate tax and alternate minimum tax.

 

Dated: 7-5-2025