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Microlesson · 5-min read

Income of PY taxable in PY itself — 5 Exceptions to the General Rule

# When is income of the Previous Year taxable in the PY itself?

## The general rule

Income of a previous year (PY) is assessed in the assessment year (AY) following the previous year.

Example: Income earned in PY 2025-26 is assessed in AY 2026-27.

## Five exceptions — income of PY taxed in PY itself

The Act recognises 5 situations where the Assessing Officer may tax income in the previous year itself, without waiting for the AY:

#SituationUnderlying concern
1Shipping business of non-residentShip may leave India and revenue may escape
2Persons leaving IndiaPerson may not return and tax cannot be recovered later
3AOP / BOI / AJP formed for a particular event or purposeEntity will be dissolved soon
4Persons likely to transfer property to avoid taxRisk of tax evasion through alienation of assets
5Discontinued businessSource of income ceases mid-year

## 1. Non-Resident Shipping Business

When a ship owned/chartered by a non-resident carrying livestock, mail or goods leaves India during the PY, it is allowed to leave India only when tax is paid by it. Tax is collected in the current PY itself.

## 2. Persons Leaving India

If it appears to the AO that an individual:

  • May leave India during the PY (or shortly after the expiry of PY), AND
  • Has no plans of returning to India,

Then tax may be recovered from him in the current year itself.

## 3. AOP / BOI / AJP formed for a particular purpose

If an AOP/BOI/AJP is:

  • Formed for a particular event or purpose, AND
  • Likely to be dissolved in the same year,

Then the AO can recover tax on income up to the date of dissolution in the current year itself.

## 4. Persons likely to transfer property to avoid tax

If, during the current PY, it appears to the AO that a person is likely to sell / transfer / dispose off any of his assets to avoid payment of tax, the AO can recover tax on such transferred assets along with his income during the current year.

## 5. Discontinued business

Where any business or profession is discontinued in any year, the AO may recover tax on such discontinued business in the current year itself.

Worked example

### Example 1

Q. Mr. Z is a software engineer settled in Bangalore. In November 2025, he gets a permanent job offer in Australia and informs his employer he is migrating with his family permanently in February 2026. Can his FY 2025-26 income be taxed in FY 2025-26 itself?

A. Yes. This falls under exception 2 — persons leaving India. Since the AO can reasonably conclude that Mr. Z is leaving with no plans of returning, tax on his PY 2025-26 income can be recovered in PY 2025-26 itself (without waiting for AY 2026-27).

### Example 2

Q. An AOP is formed by 5 persons solely to organize the 2025 Cricket Premiere League event. The event concludes in October 2025 and the AOP plans to dissolve in December 2025. When can the AOP's income be taxed?

A. Since the AOP was formed for a particular event and is likely to be dissolved in the same year, exception 3 applies. The AO can recover tax on the AOP's income up to the date of dissolution in PY 2025-26 itself.

⚠️ Common exam mistakes

  • Applying the exceptions automatically — they apply only when the AO has reason to believe the situation exists.
  • In the AOP/BOI/AJP case, forgetting that BOTH conditions must be satisfied (formed for a particular purpose AND likely to be dissolved in the same year).
  • Confusing 'shortly after expiry of PY' with the person physically leaving in the next AY — the exception covers both scenarios as long as no return is planned.
  • Forgetting that under the shipping exception, a foreign ship cannot leave India unless tax is paid.
Bare-Act text Sections 172, 174, 174A, 175, 176 · Income-Tax Act, 1961 · click to expand
Sections 172, 174, 174A, 175 and 176 of the Income-Tax Act, 1961 provide for cases where income of the previous year is assessed in the previous year itself.
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