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    Act Rules Income Tax
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Act Rules Income Tax
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Restriction on commercial activities requires incidental nexus and segregated accounting for registered non-profits under statutory provision.
Section 345 prohibits a registered non-profit organisation from carrying out commercial activity unless (a) the activity is incidental to the attainment of the organisation's objectives and (b) separate books of account are maintained for such activities; the Bill originally contained an in-text descriptive exception for organisations advancing objects of general public utility, while the enacted provision replaces that exception with a cross-reference to a statutory category in section 346.
Act Rules Income Tax
Show AI Summary
Deemed accumulated income rule limits investment obligation and ties permitted modes to actual investment, changing compliance exposure.
The provision designates a deemed accumulated income amount calculated as a proportion of regular income after reductions for application of income and amounts accumulated or set apart; that deemed amount is excluded from the accumulated-income regime and, if invested or deposited, must be placed in modes permitted by the applicable investment provision. The enacted text clarifies the reduction base by expressly referencing the application-of-income mechanism and conditions the statutory constraint on investment modes upon an actual investment or deposit.
Act Rules Income Tax
Show AI Summary
Application of income: qualifying paid sums and an 85% recognition rule for donations, with corpus treated as nil.
Clause 341 limits qualifying application of income to sums actually paid during the tax year that are allowable under sections 35(b)(i) and 36(4)-(7), recognises 85% of donations to other registered non-profits as application while treating corpus donations to other registered non-profits as nil, and permits reinvestment of corpus and repayment of borrowings as application only subject to five-year, post-31 March 2021 and compliance conditions, excluding depreciation already claimed and set-off of earlier excess application.
Act Rules Income Tax
Show AI Summary
Specified income triggers convert exempt receipts into taxable income when organisational uses or investments breach prescribed conditions and thresholds.
Clause 337 lists events that convert otherwise exempt receipts of a registered non-profit organisation into specified income and fixes the tax year for taxation. It enumerates categories including anonymous donations (subject to a prescribed threshold and limited exemptions), amounts applied for related persons, overseas applications contrary to the application rule, investments or deposits made in breach of investment restrictions, corpus or accumulated funds used contrary to conditions, and income of business undertakings assessed in excess of books, while delegating computations and some definitions to subordinate rules.
Act Rules Income Tax
Show AI Summary
Taxable regular income threshold clarified: application must meet application rules and accumulation must meet accumulation rules for exemption.
Section 336 prescribes that a registered non-profit's taxable regular income is nil if a prescribed threshold share of regular income for the tax year has been applied for charitable or religious purposes under the Part or accumulated for such purposes under the Part in that year; otherwise taxable regular income equals the prescribed percentage of regular income reduced by amounts so applied or accumulated in that tax year, with the computation anchored to the percentage base before deduction of qualifying amounts.
Act Rules Income Tax
Show AI Summary
Regular income classification for nonprofits now covers charitable receipts, investment returns, contributions and permitted commercial gains.
Regular income for a registered non-profit comprises operational receipts from its registered charitable or religious activities, returns from property/deposit/investments (with a new distinction between wholly and part-held assets), voluntary contributions, and gains of permitted commercial activities; the Act changes terminology from "receipts" to "income," omits an explicit "capital or revenue" label for investment returns, excludes commercial gains from certain investment heads, expands cross-references to related provisions, and requires prescribed computation for commercial gains.
Act Rules Income Tax
Show AI Summary
Non-profit registration: eligibility, irrevocable trust requirement, timelines and commissioner's power to enquire and grant or cancel registration.
Clause 332 sets eligibility and procedure for registration as a registered non-profit organisation: specified applicant categories; requirement of carrying out charitable purposes (per section 2(23)) or public religious purposes; properties held under an irrevocable trust for public benefit; differentiated filing windows, provisional registration, prescribed decision timelines, and validity periods (with extended validity for lower income applicants); Commissioner/Principal Commissioner empowered to enquire into genuineness, call for documents, condone delay for reasonable cause, and reject or cancel registration; uncured delay may attract taxability under the accreted income provision.
Act Rules Income Tax
Show AI Summary
Change in constitution of a firm: assessment attaches to the firm as constituted at the time of assessment.
Where, at the time of making an assessment under sections 270 or 271, a change in the constitution of a firm is found, the assessment shall be made on the firm as constituted at that time; "change in constitution" includes partners ceasing to be partners, admission of new partners provided at least one pre existing partner continues, and changes in partners' shares, with a proviso excluding dissolution on account of a partner's death from the partner cessation limb.
Act Rules Income Tax
Show AI Summary
Charge of tax on firms: statutory source choice alters which central enactment prescribes the applicable rate for a year.
Both texts charge tax on a firm's total income but differ in the statutory source for the applicable rate: the Bill points to the annual tax statute as the operative source, while the Act uses a broader reference to any Central Act for the relevant year, potentially expanding the range of enactments that may prescribe the rate and introducing additional interpretive and administrative considerations.
Act Rules Income Tax
Show AI Summary
Director liability: personal joint and several responsibility for unrecoverable company tax, unless director disproves gross neglect or misfeasance.
Section 323 imposes joint and several liability on persons who were directors of a private company during the relevant tax year where tax due (including penalty, interest and fees) cannot be recovered, operating irrespective of the Companies Act, 2013. A director is exempt only if he proves the non-recovery cannot be attributed to gross neglect, misfeasance or breach of duty. The Act omits a narrow conversion-to-public-company saving that appeared in the original Bill, thereby broadening potential director exposure.
Act Rules Income Tax
Show AI Summary
Taxation of AOPs/BOIs: unknown member shares trigger top personal rates on aggregate income; known shares require apportioned taxation.
Where members' shares in an AOP/BOI are indeterminate or unknown, the entity's total income is taxed at the maximum marginal rate or at any higher rate applicable to a member's total income; where shares are determinate, each member's other income is tested against the Finance Act's non taxable threshold and portions attributable to higher rate members are taxed at those rates while the balance is taxed at the maximum marginal rate, with a deeming rule treating indeterminacy at formation or thereafter as sufficient.
Act Rules Income Tax
Show AI Summary
Oral trust taxation: trustee receipts are taxed at the maximum marginal rate, shifting compliance and liability to trustees.
Tax on income connected to an oral trust is charged at the maximum marginal rate when a trustee receives or is entitled to receive income on behalf of or for the benefit of any person under an oral trust (per section 303(3)), irrespective of other provisions; the Bill had instead charged the income of the person appointed under an oral trust.
Act Rules Income Tax
Show AI Summary
Tax on unallocated trust income risks top marginal taxation unless beneficiaries and shares are expressly stated and ascertainable.
Representative assesses holding income for beneficiaries with unspecified or indeterminate shares are taxable at the maximum marginal rate unless a court order, trust instrument or wakf deed expressly identifies beneficiaries and their ascertainable shares on the relevant date; limited exceptions allow taxation at association of persons rates where beneficiaries lack other significant income, where the trust is a sole testamentary trust, where a bona fide historical non testamentary trust for dependants exists, or for bona fide employee benefit funds, and business profits are normally subject to the top rate unless the narrow will trust exception applies.
Act Rules Income Tax
Show AI Summary
Representative assessee recovery rights secure retention via Assessing Officer certificate limiting recoverability at final settlement.
A representative assessee who pays any sum under the Act may recover it from the principal or retain an equivalent amount in his representative capacity; a person who apprehends such assessment may retain estimated liability from monies payable to the principal; on dispute the Assessing Officer may issue a certificate authorising retention pending final settlement; recoverability is capped by the certificate amount, except where the representative holds additional assets of the principal, and the enacted text ties that cap to the time of final settlement.
Act Rules Income Tax
Show AI Summary
Representative assessee liability: treated as beneficial owner for assessment, with revenue able to reach beneficiaries directly.
Section 304 treats a representative assessee as if the income were beneficially his for duties, liabilities and assessment; it places assessment liability on the representative in his own name, contains an exclusivity rule preventing assessment of the same income under other provisions, preserves the Assessing Officer's power to assess or recover tax directly from the beneficial owner, prescribes a pro rata formula for beneficiaries' share of a chargeable trust income, and grants the revenue equivalent remedies against property under the representative's control.
Act Rules Income Tax
Show AI Summary
Block period definition governs temporal scope for assessing undisclosed income, including virtual digital assets and documents.
Clause 301 defines the block period as the six tax years preceding the tax year of a search or requisition plus the portion of that tax year to the date of the last authorisation, and deems the last authorisation executed on the conclusion recorded in the last panchnama for searches or on actual receipt for requisitions. It defines undisclosed income in two limbs: tangible and intangible items or entries representing undisclosed income (including virtual digital assets), and expenses/exemptions/deductions/allowances claimed under the Act that are found incorrect, and it lists books, documents and valuables as requisitioned or seized items.
Act Rules Income Tax
Show AI Summary
Levy of interest and penalty in search cases: interest accrues and an administrative penalty may attach to undisclosed income when returns are not furnished.
Where a return required by a search notice is not filed, the provision charges interest on tax determined in the search assessment for the period from the day after the notice deadline until assessment completion, and permits an administrative penalty measured by reference to the tax leviable on undisclosed income determined in that assessment. A conditional bar prevents penalty for the block period if the return is filed, tax is paid with evidence, and no appeal is filed against the returned portion; any undisclosed income in excess of declared amounts remains penalizable. Procedural safeguards include a hearing, higher level approval for large penalties, and specified limitation and exclusion rules.
Act Rules Income Tax
Show AI Summary
Time-limit for completion of block assessment: statutory period anchored to quarter-end with specified exclusions and minimum remaining period.
Time-limit for completion of block assessment fixes a statutory period for passing orders under the special search/block assessment procedure, anchors computation to a calendar endpoint, prescribes enumerated excluded periods (including custody of seized items, court stays, information exchange references, audit and valuation processes, references to valuation or appellate authorities, penalty and avoidance arrangement references, and Advance Rulings proceedings), provides a minimum remaining period protection after exclusions, and includes month end rounding; the enacted text shifts the anchor from month end to quarter end and refines exclusion wording and cross references.
Act Rules Income Tax
Show AI Summary
Undisclosed income transfer to other person's AO triggers block assessment and fixes abatement reference to receipt date.
When an Assessing Officer is satisfied that seized money, assets, books, documents or any information therein pertain to a person other than the person searched, those materials must be handed to the Assessing Officer having jurisdiction over that other person, who shall proceed under section 294 and apply the block assessment provisions; for abatement under section 292 the reference date for the other person is the date the receiving AO obtains the seized materials or information.
Act Rules Income Tax
Show AI Summary
Block assessment procedure: time limited compelled return after search, limits revision rights and prescribes applicable procedural and penalty provisions.
Section 294 compels a time limited special return of undisclosed income following a search or requisition, treats that return as within a specified return regime, precludes revised returns, prescribes which procedural and penalty provisions shall apply or be excluded, and requires prior approval by senior officers before issuing the notice.

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CUSTOMS - OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN NOTIFICATIONS

24 July, 2024

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Union Budget 2024-25 (Full) + FINANCE (No.2) Bill, 2024

A.

Changes in Basic Customs Duty (to be effective from 24.07.2024)

Rates of Duty

S. No.

Chapter, Heading, sub- heading, tariff item

Commodity

From

To

I.

 

Agricultural Products

 

 

1.

1207 99 90

Shea nuts

30%

15%

II.

 

Aquafarming & Marine Exports

 

 

1.

0306 36

Live SPF Vannamei shrimp (Litopenaeus vannamei) broodstock

10%

5%

2.

0306 36

Live Black tiger shrimp (Penaeus monodon) broodstock

10%

5%

3.

0306 36 60

Artemia

5%

Nil

4.

0511 91 40

Artemia cysts

5%

Nil

5.

0308 90 00

SPF Polychaete worms

30%

5%

6.

1504 20

 Fish lipid oil for use in manufacture of aquatic feed

15%

Nil

7.

1504 20

 Crude fish oil for use in manufacture of aquatic feed

30%

Nil

8.

1518

Algal Oil for use in manufacture of aquatic feed

15%

Nil

9.

2102 20 00

Algal Prime (flour) for use in manufacture of aquatic feed

15%

Nil

10.

2309 90 90

Mineral and Vitamin Premixes for use in manufacture of aquatic feed

5%

Nil

11.

2301 10 90

Insect meal for use in Research & Development purposes in aquatic feed manufacturing

15%

5%

12.

2309 90 90

Single Cell Protein from Natural Gas for use in Research & Development purposes in aquatic feed manufacturing

15%

5%

13.

2301 20

Krill Meal for use in manufacture of aquatic feed

5%

Nil

14.

1901

Pre-dust breaded powder for use in processing of sea-food

30%

Nil

15.

2309 90 31

Prawn and shrimps feed

15%

5%

16.

2309 90 39

Fish feed

15%

5%

III.

 

Critical Minerals

 

 

1.

2504

Natural Graphite

5%

2.5%

2.

2505

Natural sands of all kinds, whether or not coloured, other than metal bearing sands of chapter 26 of The Customs tariff Act, 1975

5%

Nil

3.

2506

Quartz (other than natural sands); quartzite, whether or not roughly trimmed or merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape

5%

2.5%

4.

2530 90 91

Strontium sulphate (natural ore)

5%

Nil

5.

2603 00 00

Copper ores and concentrates

2.5%

Nil

6.

2605 00 00

Cobalt ores and concentrates

2.5%

Nil

7.

2609 00 00

Tin ores and Concentrates

2.5%

Nil

8.

2611 00 00

Tungsten Ores and Concentrates

2.5%

Nil

9.

2613

Molybdenum ores and concentrates

2.5%

Nil

10.

2615 10 00

Zirconium ores and concentrates

2.5%

Nil

11.

2615 90

Hafnium Ores and concentrates

2.5%

Nil

12.

2615 90 10

Vanadium ores and concentrates

2.5%

Nil

13.

2615 90 20

Niobium or tantalum ores and concentrates

2.5%

Nil

14.

2617

Antimony Ores and Concentrates

2.5%

Nil

15.

2804 50 20

Tellurium

5%

Nil

16.

2804 61 00

Silicon, containing by weight not less than 99.99% of silicon

5%

Nil

17.

2804 69 00

Other silicon

5%

Nil

18.

2804 90 00

Selenium

5%

Nil

19.

2805 30 00

Alkali or alkaline earth metals, Rare-earth metals, scandium and yttrium, whether or not intermixed or inter alloyed

5%

Nil

20.

2811 22 00

Silicon dioxide

7.5%

2.5%

21.

2815 20 00

Potassium hydroxide

7.5%

Nil

22.

2816 40 00

Oxides, hydroxides and peroxides, of strontium or barium

7.5%

Nil

23.

2822 00 10

Cobalt oxides

7.5%

Nil

24.

2822 00 20

Cobalt hydroxides

7.5%

Nil

25.

2822 00 30

Commercial cobalt oxides

7.5%

Nil

26.

2825 20 00

Lithium oxide and hydroxide

7.5%

Nil

27.

2825 30

Vanadium oxides and hydroxides

2.5%/7.5%

Nil

28.

2825 60 10

Germanium oxides

7.5%

Nil

29.

2825 70

Molybdenum oxides and hydroxides

7.5%

Nil

30.

2825 80 00

Antimony oxides

7.5%

Nil

31.

2825 90 20

Cadmium oxides

7.5%

Nil

32.

2827 35 00

Chlorides of Nickel

7.5%

Nil

33.

2827 39 30

Strontium chloride

7.5%

Nil

34.

2833 24 00

Sulphates of Nickel

7.5%

Nil

35.

2834 21 00

Nitrates of potassium

7.5%

Nil

36.

2836 91 00

Lithium carbonates

7.5%

Nil

37.

2836 92 00

Strontium carbonates

7.5%

Nil

38.

2841 90 00

Salts of oxometallic or peroxometallic acids of Beryllium and Rhenium

7.5%

Nil

39.

2846

Compounds, inorganic or organic of rare earth metals

7.5%

Nil

40.

2918 15 30

Bismuth citrate

7.5%

Nil

41.

3801

Artificial Graphite, colloidal or semi-colloidal graphite, preparations based on graphite or other carbon in form of pastes, blocks, plates or other semimanufactures

7.5%

2.5%

42.

8001

Unwrought Tin

5%

Nil

43.

8101 94 00

Unwrought tungsten, including bars and rods obtained simply by sintering

5%

Nil

44.

8102 94 00

Unwrought molybdenum, including bars and rods obtained simply by sintering

5%

Nil

45.

8103 20

Unwrought tantalum, including bars and rods obtained simply by sintering, powders

5%

Nil

46.

8105 20 20

Cobalt, unwrought

5%

Nil

47.

8106 10 10

Bismuth, unwrought

2.5%

Nil

48.

8109 21 00

Unwrought zirconium, powders, Containing less than 1 part hafnium to 500 parts zirconium by weight

10%

Nil

49.

8110 10 00

Unwrought antimony, powders

2.5%

Nil

50.

8112 12 00

Beryllium unwrought, powders

5%

Nil

51.

8112 31

Hafnium unwrought, waste and scrap, powders

10%

Nil

52.

8112 41 10

Rhenium unwrought

10%

Nil

53.

8112 69 10

Cadmium unwrought, powders

5%

Nil

54.

8112 69 20

Cadmium, wrought

5%

Nil

55.

8112 92 00

(ii) Unwrought; waste and scrap; powder of, -

(i) Gallium

(ii) Germanium

(iii) Indium

(iv) Niobium

(v) Vanadium

5%

Nil

IV.

 

Steel Sector

 

 

1.

7202 60 00

Ferro Nickel

2.5%

Nil

2.

7204

Ferrous Scrap

Nil (till 30.09.2024)

Nil (till 31.03.2 026)

3.

7225

Certain specified raw materials for manufacture of CRGO steel

Nil (till 30.09.2024)

Nil (till 31.03.2 026)

V.

 

Copper

 

 

1.

7402 00 10

Blister Copper

5%

Nil

VI.

 

Chemicals and Plastics

 

 

1.

3102 30 00

Ammonium Nitrate, whether or not in aqueous solution

7.5%

10%

2.

3920 (other than 3920 99 99) or 3921

All goods other than Poly vinyl chloride (PVC) flex films/flex banner

25% (with effect from 24.07.2024)

10%

3.

3920 99 99

All goods other than Poly vinyl chloride (PVC) flex films/flex banner

25% (with effect from 24.07.2024)

15%

VII.

 

Textile and Leather Sector

 

 

1.

2929 10 90

Methylene Diphenyl Di-isocyanate (MDI) for use in the manufacture of Spandex Yarn

7.5%

5% Subject to IGCR conditions

2.

41

Wet white, Crust and finished leather for manufacture of textile or leather garments, leather /synthetic footwear or other leather products, for export

10%

Nil Items under Sl. No. 257B and 257C of Notification 50/2017 - Customs, dated 30.06.2017

3.

38,48 or any other Chapter

Certain additional accessories and embellishments for manufacture of textile or leather garments, leather/synthetic footwear or other leather products, for export

As applicable

Nil Items under Sl. No. 257B and 257C of Notification 50/2017 - Customs, dated 30.06.2017

4.

0505 10

Real Down Filling Material from Duck or Goose for use in the manufacture of textile or leather garments for export

30%

10%

VIII.

 

Cancer Drugs

 

 

1.

30

(i) Trastuzumab Deruxtecan,

(ii) Osimertinib,

(iii) Durvalumab

10%

Nil

IX.

 

Precious Metals

 

 

1.

7108

Gold bar

15%

6%

2.

7108

Gold dore

14.35%

5.35%

3.

7106

Silver bar

15%

6%

4.

7106

Silver dore

14.35%

5.35%

5.

7110

Platinum, Palladium, Osmium, Ruthenium, Iridium

15.4%

6.4%

6.

7118

Coins of precious metals

15%

6%

7.

7113

Gold/Silver findings

15%

6%

8.

71

Platinum and Palladium used in the manufacture of noble metal solutions, noble metal compounds and catalytic convertors

7.5%

5%

9.

84

Bushings made of platinum and rhodium alloy when imported in exchange of worn out or damaged bushings exported out of India

7.5%

5%

X.

 

Medical Equipment

 

 

1.

39

All types of polyethylene for use in manufacture of orthopaedic implants falling under sub-heading 9021 10

As applicable

Nil

2.

39, 72, 81

Special grade stainless steel, Titanium alloys, Cobalt-chrome alloys, and All types of polyethylene for use in manufacture of other artificial parts of the body falling under sub-heading 9021 31 or 9021 39

As applicable

Nil

3.

9022 30 00

X-ray tubes for use in manufacture of X-ray machines for medical, surgical, dental or veterinary use

15%

5% (till 31st March 2025)

7.5% (w.e.f 1st April, 2025 to 31st March, 2026)

10% (w.e.f 1st April, 2026)

4.

9022 90 90

Flat panel detectors (including scintillators) for use in manufacture of X-ray machines for medical, surgical, dental or veterinary use

15%

5% (till 31st March 2025)

7.5% (w.e.f 1st April, 2025 to 31st March, 2026)

10% (w.e.f 1st April, 2026)

XI.

 

IT and Electronics Sector

 

 

1.

8517 13 00, 8517 14 00

Cellular mobile phone

20%

15%

2.

8504 40

Charger/Adapter of cellular mobile phone

20%

15%

3.

8517 79 10

Printed Circuit Board Assembly (PCBA) of cellular mobile phone

20%

15%

4.

28, 29, 38

Specified parts for use in manufacture of connectors

5%/7.5%

Nil

5.

74

Oxygen Free Copper for use in manufacture of Resistors

5%

Nil

6.

40

Specified die-cut parts for use in manufacture of cellular mobile phones

As applicable

Nil

7.

40, 70, 76

Specified mechanics for use in manufacture of cellular mobile phones

As applicable

Nil

8.

8517 79 10

Printed Circuit Board Assembly (PCBA) of specified telecom equipment

10%

15%

XII.

 

Renewable Energy Sector

 

 

1.

84, 85, or any other chapter

Specified capital goods for use in manufacture of solar cells or solar modules, and parts for manufacture of such capital goods

7.5%

Nil

2.

7007

Solar glass for manufacture of solar cells or solar modules

Nil

10% (w.e.f. 1.10.20 24)

3.

74

Tinned copper interconnect for manufacture of solar cells or solar modules

Nil

5%(w.e.f 1.10.20 24)

XIII.

 

Shipping

 

 

1.

Any Chapter

Components and consumables for use in manufacture of specified vessels

As applicable

Nil

2.

Any Chapter

Technical documentation and spare parts for construction of warships

As applicable

Nil

XIV.

 

Capital goods

 

 

1.

Any Chapter

Goods under S. No. 404 of Notification No. 50/2017 Customs, used for petroleum exploration operations

As applicable

Nil

B.

Changes in Export Duty (To be effective from 24.7.2024)

Effective export duty on raw skins, hides & leather is being simplified and rationalized. The changes are as follows -

Rate of Duty

S. No.

Chapter or Heading

Commodity

From

To

1.

4101 to 4103

Raw Hides & skins, all sorts (other than buffalo)

40%

40%

2.

4101

Raw Hides & skins of buffalo

30%

30%

3.

4104 to 4106

Tanned or crust hides of skins, whether or not split, but not further prepared

40

20%

4.

4104 to 4106

E.I. tanned leather

Nil

Nil

5.

41

Finished leather as defined by DGFT finished leather norms

Nil

Nil

6.

4301

Raw fur skins

60%/10%

40%

7.

4302

Tanned or dressed furskin

60%

20%


Full Text:

Union Budget 2024-25 (Full) + FINANCE (No.2) Bill, 2024

Topics

Acts Income Tax