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    Act Rules Bills
    Judicial and Legislative Perspectives on Mens Rea in Income Tax Prosecutions :Clause 490 of the Inco...
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Act Rules Bills
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Presumption of culpable mental state shifts evidentiary burden to accused to disprove intent beyond reasonable doubt.
Clause 490 mandates that once the prosecution establishes the actus reus, the court shall presume the existence of a culpable mental state-broadly defined to include intention, motive, knowledge, belief and reason to believe-and permits the accused to rebut that presumption only by proving absence of such mental state beyond reasonable doubt.
Act Rules Bills
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Presumption regarding assets and documents found in searches shifts evidentiary burden, now including virtual digital assets.
Clause 489 creates a rebuttable presumption that assets (including virtual digital assets) and books or documents found in a person's possession during an authorised search, or received via requisition, are presumed to belong to that person and that documents' contents are true when tendered in prosecution, applied "so far as may be" by reference to the Bill's presumption provision and extending to other persons identified by the Bill's connected-person provision.
Act Rules Bills
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Presumption of karta guilt shifts evidential burden, requiring demonstration of due diligence to avoid prosecution.
Clause 488 places primary criminal responsibility on the karta of a Hindu Undivided Family by deeming the karta guilty of an offence by the HUF, subject to statutory defences of lack of knowledge or proof of having exercised all due diligence. It further deems any member guilty where the offence is proved to have been committed with that member's consent or connivance or is attributable to their neglect, creating independent member liability while preserving the karta's available exculpatory defences.
Act Rules Bills
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Corporate officer liability: deeming provision shifts initial burden to accused, with due diligence defence for tax offences.
Where a company commits an income-tax offence, the company and every person who was in charge of, and responsible to, the company for the conduct of the business at the time are statutorily deemed guilty and liable to prosecution, subject to a defence that the individual lacked knowledge or exercised all due diligence to prevent the offence; separate liability arises where the offence occurred with the consent, connivance, or neglect of officers, companies are punishable by fine while individuals may face full penal consequences, and definitions explicitly include firms and associations of persons.
Act Rules Bills
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Reasonable cause defence limits criminal liability for certain tax compliance failures, protecting bona fide taxpayers from prosecution.
Clause 486 creates a non obstante statutory reasonable cause defence prohibiting punishment for failures under the specified sections of the Income Tax Bill, 2025 when the accused proves reasonable cause. The provision places the burden of proof on the accused, preserves judicial fact specific assessment of reasonable cause, and operates to limit prosecutions for bona fide or uncontrollable lapses while directing enforcement attention to willful or egregious defaults.
Act Rules Bills
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Enhanced penalties for repeat tax offences impose mandatory imprisonment and fine upon subsequent convictions under specified tax provisions.
A prior judicial conviction under any specified income tax offence triggers enhanced punishment: a person again convicted under any of those listed offences is subject to mandatory rigorous imprisonment and a mandatory fine, regardless of whether the subsequent conviction is for the same or a different listed offence; judicial discretion governs the precise sentence within the prescribed range, and the provision applies only after a prior conviction, not mere charge or prosecution.
Act Rules Bills
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Abetment of false returns: broadened criminal exposure for facilitators with mandatory imprisonment and fines for culpable conduct.
Clause 484 criminalises abetment or inducement in making or delivering false tax-related statements, requiring that the abettor know the falsity or not believe the statement to be true. Punishment is tiered by the quantum sought to be evaded, with mandatory minimum imprisonment terms and fines, while procedural details and definitions such as "induce" are not specified, raising interpretive and evidentiary challenges. The clause mirrors prior law's structure but broad wording could implicate advisors and intermediaries absent judicial or legislative clarification.
Act Rules Bills
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Falsification of accounting records: criminal liability for wilful false entries intended to enable another person to evade tax.
Clause 483 makes it an offence to wilfully make or cause false entries in books of account or other documents with intent to enable another person to evade tax, interest, or penalty; it requires proof of wilful conduct and intent but not proof that the beneficiary actually evaded liability, covers physical and electronic records relevant to tax proceedings, and prescribes rigorous imprisonment and a fine.
Act Rules Bills
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False verification offences: criminal liability requires proved knowledge or recklessness, with graded imprisonment and mandatory fines.
The provision criminalises making false statements in any statutory verification or delivering false accounts where the person knows or believes the statement to be false or does not believe it to be true. Prosecution must prove this mental element beyond reasonable doubt. A graded penalty applies according to the financial impact of the falsity: substantial evasion attracts a higher term of rigorous imprisonment while other cases attract a lower term, and a fine is mandatorily imposed in addition to imprisonment.
Act Rules Bills
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Willful failure to produce accounts triggers criminal liability including imprisonment and mandatory fine under the new tax provision.
Clause 481 establishes a penal offence for willful failure to produce accounts and documents called for by a notice under section 268(1), or willful non compliance with a direction under section 268(5), punishable by rigorous imprisonment for up to one year and liability to fine, with criminal prosecution requiring proof of willfulness beyond reasonable doubt and adherence to procedural safeguards; the clause mirrors prior law while leaving the fine quantum unspecified and raising interpretative issues regarding the threshold for willfulness and potential overlap with other provisions.
Act Rules Bills
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Wilful failure to furnish return in search cases creates criminal liability, exposing taxpayers to imprisonment and fines.
Clause 480 penalises a person who, following a search and pursuant to a notice under section 294(1)(a), wilfully fails to furnish a return of income within the prescribed time. The provision requires proof of deliberate non compliance, treats the offence as criminal, and prescribes imprisonment along with a court levied fine, while prosecutions remain subject to ordinary criminal procedure and due process safeguards.
Act Rules Bills
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Willful failure to file returns attracts graded criminal penalties including imprisonment and fine; an extended cure period limits prosecutions.
Clause 479 criminalizes the willful failure to furnish returns of income, applying to statutory filing obligations and notice-triggered duties, and establishes a graded criminal penalty regime tied to the tax that would have been evaded. It preserves a mens rea requirement, mandates imprisonment and fine across tiers, and provides exemptions including a one-year cure period to avoid prosecution and a de minimis exception for non-corporate taxpayers, while raising interpretative issues on the definition of wilfulness and calculation of evaded tax.
Act Rules Bills
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Wilful tax evasion criminalisation: updated offence framework tightens penalties and preserves additional monetary sanctions for deliberate under-reporting.
Clause 478 establishes an offence of wilful attempt to evade tax, penalty, or interest, including under-reporting, distinguishing evasion of liability from evasion of payment. It prescribes graded sentences with discretionary fines and makes offenders liable to any other penalties under the Act. The provision's inclusive definition-false entries, false statements, wilful omissions, and other enabling circumstances-broadens prosecutorial scope while retaining the requirement to prove mens rea and preserving procedural safeguards for prosecution.
Act Rules Bills
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Failure to remit tax collected at source: criminal liability retained with a filing linked safe harbour to encourage timely compliance.
Clause 477 criminalizes failure to remit tax collected at source, adopting a strict liability approach that imposes custodial sentence and fine while offering a statutory safe harbour where TCS is deposited on or before the time prescribed for filing the TCS statement, thereby aligning penal consequences and procedural exemption with the existing framework.
Act Rules Bills
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Criminal liability for failure to remit TDS expands enforcement and broadens managerial responsibility, with strict penalties.
Clause 476 criminalizes failure to deposit taxes deducted or collected at source under Chapter XIX-B, extending liability to those who "pay or ensure payment" and prescribing rigorous imprisonment and fine. A proviso bars prosecution if the tax is credited to the Central Government on or before the time prescribed for filing the relevant TDS statement, while cross references to notes and tables expand the catalogue of covered transactions and may complicate interpretation.
Act Rules Bills
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Fraudulent asset dissipation criminalized: intent-based offence bars transfers aimed at defeating prescribed tax recovery proceedings.
Clause 475 penalizes the fraudulent removal, concealment, transfer, or delivery of any property or interest with the intent to prevent it from being taken in execution of a prescribed recovery certificate, requiring proof of deceitful intent and applying to tangible and intangible interests; it retains the punitive framework of rigorous imprisonment and fine while replacing an explicit Second Schedule reference with a flexible "as prescribed" linkage to recovery procedures.
Act Rules Bills
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Failure to provide inspection facilities criminalises obstruction during tax inspections, attracting imprisonment and fine under the new bill.
Clause 474 of the Income Tax Bill, 2025, makes it an offence to fail to afford an authorised officer the necessary facility to inspect books of account or other documents under section 247(1)(b)(ii), punishable with rigorous imprisonment for up to two years and a fine. The clause largely mirrors Section 275B of the 1961 Act, raises interpretive issues about the definition of "necessary facility" and mens rea, and creates potential overlaps with other penal provisions, while preserving continuity in enforcement policy.
Act Rules Bills
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Contravention of tax authority orders may attract imprisonment and fine under the new income tax framework.
Clause 473 establishes an offence for contravening orders under section 247(1)(viii) or (4), penalising such contraventions with rigorous imprisonment up to the statutory maximum and a fine. The clause focuses on breaches concerning custody, retention, or handling of assets or records during investigative processes. It does not specify mens rea or procedural attributes such as cognizability or bailability, so application and defences will be shaped by judicial interpretation and the Bill's broader procedural framework.
Act Rules Bills
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Limitation period for tax penalties: quarter based uniform timeline aligns penalty orders with assessment and appellate outcomes.
Clause 472 standardises the limitation for imposing tax penalties by prescribing a uniform six month period measured from the end of the quarter tied to the completion of proceedings, appellate or revisional orders, or issuance of a penalty notice; it permits revision of penalty orders to reflect subsequent assessment modifications, mandates a reasonable opportunity to be heard before adverse penalty action, and excludes rehearing and judicial stay periods from limitation computation.
Act Rules Bills
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Natural justice in tax penalties: hearing rights and hierarchical approval govern imposition and administrative oversight under new bill.
Clause 471 requires that no penalty be imposed without the assessee being heard or given a reasonable opportunity, mandates prior Joint Commissioner approval for penalties exceeding specified officer thresholds, and requires that penalty orders passed by authorities other than the Assessing Officer be sent to the Assessing Officer. It mirrors core safeguards of the existing law but omits scheme enabling provisions for faceless, technology driven procedures and transitional rules, creating potential uncertainties over thresholds, definition of reasonable opportunity, procedural delays, and modernization.

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AGRICULTURE INFRASTRUCTURE AND DEVELOPMENT CESS (AIDC)

1 February, 2025

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Union Budget 2025-26 (Full) + Finance Bill, 2025

V. AGRICULTURE INFRASTRUCTURE AND DEVELOPMENT CESS (AIDC)

Notification No. 11/2021 – Customs, dated 01.02.2021 is being amended to revise the AIDC rates on the following goods (w.e.f. 02.02.2025):

S. No.

Heading, sub- heading, tariff item

Commodity

Rate

From

To

1.

2515 11 00 2515 12

Marble and travertine, crude or roughly trimmed, merely cut into blocks, slabs and other

 Nil

 20%

2.

2516 11 00 2516 12 00

Granite, crude or roughly trimmed, merely cut into blocks, slabs and other

 Nil

 20%

3.

3406

Candles, Tapers and the like

Nil

7.5%

4.

3920 or 3921

PVC Flex Films, PVC Flex Sheets, PVC Flex Banner

Nil

7.5%

5.

6401

Waterproof Footwear with outer soles and Uppers of Rubber or Plastics

Nil

18.5%

6.

6402

Other Footwear With Outer Soles And Uppers of Rubber or Plastics

Nil

18.5%

 7.

 6403

Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather

 Nil

 18.5%

 8.

 6404

Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials

 Nil

 18.5%

9.

6405

Other Footwear

Nil

18.5%

10.

6802 10 00 6802 21 10 6802 21 20 6802 21 90 6802 91 00 6802 92 00

   Marble Slab

   Nil

   20%

11.

7113

Platinum findings

Nil

1.4%

12.

8541 42 00

Solar Cells

Nil

7.5%

13.

8541 43 00 8541 49 00

Solar Module and Other semiconductor devices and photovoltaic cells

Nil

20%

14.

8702

Motor vehicles for transport of 10 or more persons

Nil

20%

 15.

 8702

Motor vehicles for transport of 10 or more persons when imported under S. No. 524 (1) (b) of the notification No. 50/2017- Customs

 Nil

 5%

 16.

 8702

Motor vehicles for transport of 10 or more persons when imported under S. No. 524 (2) of the notification No. 50/2017- Customs

 Nil

 20%

17.

8703

Used Motor vehicles

Nil

67.5%

  18.

  8703

Motor cars and other motor vehicles principally designed for the transport of persons in other than Completely Knocked Down and Semi Knocked Down form with CIF value exceeding USD 40,000

  Nil

40%

19.

8704

Motor vehicles for transport of goods

Nil

20%

 20.

 8704

Motor vehicles for transport of goods when imported under S. No. 525 (1) (b) of the notification No. 50/2017- Customs

 Nil

5%

 21.

 8704

Motor vehicles for transport of 10 or more persons when imported under S. No. 525 (2) of the notification No. 50/2017- Customs

 Nil

20%

22.

8711

Used motorcycles and cycles fitted with an auxiliary motor with or without side-car

Nil

40%

23.

8712 00 10

Bicycles

Nil

15%

24.

8903

Yachts and other vessels for pleasure of sports

Nil

7.5%

25.

9028 30 10

Electricity meters for alternating current (Smart meter)

Nil

7.5%

 26.

 9401

Seats (other than those of headings 9402), whether or not convertible into beds, and parts thereof

 Nil

5%

27.

9403

Other furniture and parts thereof

Nil

5%

28.

9404

Mattress supports, articles of bedding and similar furnishing etc.

Nil

5%

 29.

 9405

Luminaries and lighting fittings including searchlights and spotlights and parts thereof etc.

 Nil

 5%

30.

9503 00 91

Parts of electronic toys

Nil

20%

 31.

 9503 00 91

Parts of electronic toys for manufacture of electronic toys (S. No. 591 of notification No. 50/2017-Customs dated 30.06.2017)

 Nil

 7.5%

32.

9802 00 00

Laboratory Chemicals (other than those attracting 10% BCD for specified end use)

Nil

70%

 


Full Text:

Union Budget 2025-26 (Full) + Finance Bill, 2025

Topics

Acts Income Tax