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    Evolution of Appellate Remedies in Indian Income Tax Law : Clause 356 of the Income Tax Bill, 2025 V...
    Appellate Remedies against Advance Rulings : Clause 389 of the Income Tax Bill, 2025 Vs. Section 245...
    Evolution of Procedural Regulation in Advance Rulings under Indian Tax Law : Clause 388 of Income Ta...
    The Transformation of Advance Rulings Powers under Indian Tax Law : Clause 387 of the Income Tax Bil...
    Fraud, Misrepresentation, and the Void Ab Initio Doctrine in Advance Rulings : Clause 386 of the Inc...
    Jurisdictional Bar on Parallel Proceedings : Clause 385 of the Income Tax Bill, 2025 Vs. Section 245...
    Procedure for processing applications for advance rulings in the Indian tax regime : Clause 384 of t...
    Procedural Evolution of Advance Ruling Applications : Clause 383 of the Income Tax Bill, 2025 Vs. Se...
    Legal Insights on Vacancies and Defects in Advance Ruling Bodies : Clause 382 of Income Tax Bill, 20...
    Administrative Efficiency vs. Judicial Oversight : Clause 381 of the Income Tax Bill, 2025 Vs. Secti...
    Changing Landscape of Advance Rulings in Indian Tax Law : Clause 380 of the Income Tax Bill, 2025 Vs...
    Evolving ADR Mechanisms in Indian Taxation : Clause 379 of the Income Tax Bill, 2025 Vs. Section 245...
    Set-off and Withholding of Tax Refunds : Clause 438 of the Income Tax Bill, 2025 Vs. Section 245 of ...
    Change in the Interest on Tax Refunds under Indian Income Tax Law : Clause 437 of the Income Tax Bil...
    Limits on Challenging Completed Assessments in Refund Proceedings : Clause 436 of Income Tax Bill, 2...
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    Procedural and Substantive Aspects of TDS Refunds : Clause 434 of Income Tax Bill, 2025 Vs. Section ...
    Limitation, Procedure, and Rights of Refund Claims in Indian Tax Law : Clause 433 of the Income Tax ...
    Refund Entitlement in Special Cases (Death, Incapacity, Insolvency, Liquidation, or Other Causes) : ...
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    Act RulesBills
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    Appellate scope reform consolidates appealable orders, enables faceless appeals and transfers while preserving rehearing safeguards.
    Clause 356 prescribes an exhaustive list of appealable orders before the Joint Commissioner (Appeals), defines "status" by cross reference, prohibits appeals where orders are passed by or with approval of authorities above Deputy Commissioner, and empowers the Board to transfer appeals between JCIT(A) and Commissioner (Appeals) with a mandated opportunity of rehearing. It formally enables a government notified faceless disposal scheme-permitting elimination of physical interface and modification of procedural provisions-and authorizes the Board to exclude specified cases or classes from the section's operation.
    Act RulesBills
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    Right of appeal to High Court preserves judicial review over advance rulings with limited condonation and streamlined procedure.
    Clause 389 grants a statutory right of appeal to the High Court against rulings or orders of the Board for Advance Rulings and certain Assessing Officer actions, mandates filing in the prescribed form and manner within a limited period, allows judicial condonation for a short additional interval, omits prior executive scheme-making and modification powers, and relies on Rule 44FA to integrate appeal procedure with jurisdictional High Court practice.
    Act RulesBills
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    Procedural autonomy for advance rulings enables the Board to set its own procedures, heightening calls for transparency and safeguards.
    Clause 388 vests the Board for Advance Rulings with broad power to regulate its own procedure, subject to the relevant Chapter, enabling the Board to prescribe filing rules, hearing modes, timelines, evidence protocols, order formats and confidentiality mechanisms, while the institutional shift from a quasi judicial Authority to an administrative Board raises concerns about explicit natural justice safeguards, transparency, consistency and the scope of judicial review.
    Act RulesBills
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    Advance Rulings powers modernisation clarifies BAR's quasi judicial authority and civil court powers under reformed procedural codes.
    Clause 387 modernises the powers and status of the Board for Advance Rulings by vesting it with civil court powers to summon witnesses, compel document production, receive affidavit evidence and exercise other adjudicatory functions, and by deeming its proceedings to be judicial proceedings that attract penal consequences for perjury and related offences, while limiting the civil court status to specified purposes and aligning cross references with reformed procedural and penal codes.
    Act RulesBills
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    Void ab initio of advance rulings: fraud or misrepresentation may nullify rulings and restore ordinary tax provisions.
    Clause 386 empowers the Board for Advance Rulings to declare an advance ruling void ab initio if found to have been obtained by fraud or misrepresentation, on representation by the Principal Commissioner or Commissioner or otherwise; the Act is to apply as if no ruling had been made (excluding the period the ruling was in force), and a copy of the order must be sent to the applicant and the tax authority.
    Act RulesBills
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    Jurisdictional bar on parallel proceedings preserves advance rulings' exclusivity for resident applicants and prevents conflicting adjudication.
    Clause 385 imposes a jurisdictional bar barring income tax authorities and the Appellate Tribunal from deciding any issue for which a resident has filed an advance ruling application; the prohibition attaches on filing and pertains only to the specific issue raised, thereby preserving the exclusivity and predictability of the advance ruling mechanism while raising interpretive questions about the definition of "issue" and the treatment of pending proceedings.
    Act RulesBills
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    Advance ruling procedure secures binding tax guidance with hearing rights, grounds for rejection, and mandatory communication.
    Clause 384 requires the Board for Advance Rulings to forward applications to the Principal Commissioner or Commissioner, call for records, and after examination either allow or reject applications. Rejection must follow an opportunity to be heard and a reasoned order, and orders must be communicated to the applicant and tax authorities. Mandatory exclusions include pending proceedings, fair market value determinations, and transactions prima facie designed for tax avoidance; if allowed, the Board must examine further material, hear the applicant or authorised representative, and pronounce a written ruling within the prescribed time frame.
    Act RulesBills
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    Advance ruling procedure: streamlined application process with prescribed form, quadruplicate filing, fee and a thirty day withdrawal window.
    Clause 383 establishes a streamlined procedure for advance rulings: applications must state the specific question and be filed in the prescribed form and manner in quadruplicate, accompanied by a prescribed fee, and may be withdrawn within thirty days. The clause retains core procedural features of the prior regime but omits transitional and legacy transfer or opt-out provisions, leaving form, fee, and certain consequences of withdrawal to subordinate rules.
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    Vacancies and defects immunity preserves validity of advance rulings to prevent collateral challenges and ensure procedural continuity.
    Clause 382 stipulates that no proceeding before, or pronouncement of an advance ruling by, the Board for Advance Rulings shall be questioned or invalidated merely because of any vacancy or defect in the Board's constitution. It applies to both procedural actions and final rulings, reflects the de facto validity principle, and is intended to secure continuity, legal certainty, and protection against collateral procedural challenges, while not extending to defects that negate jurisdiction or involve fraud or bias.
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    Board for Advance Rulings centralizes administrative advance rulings, prioritizing efficiency but raising independence and legal robustness concerns.
    Clause 381 mandates constitution of one or more Board for Advance Rulings by notification, each comprising two members who are serving tax officers of not below Chief Commissioner rank, nominated by the Board; the provision preserves an administrative, officer-led model akin to the existing framework and emphasizes mandatory establishment, flexibility in number and phased operationalization, while leaving nomination criteria, judicial representation, publication, and appellate design unspecified.
    Act RulesBills
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    Advance ruling mechanism provides pre transactional tax certainty and access controls for cross border and GAAR related issues.
    Clause 380 defines advance ruling across five categories: rulings for non resident applicants; rulings on transactions between residents and non residents; rulings for specified resident applicants; rulings on computation of total income pending before tax authorities or the Appellate Tribunal; and rulings on whether proposed arrangements are impermissible avoidance arrangements; it links applications to the Bill's procedural section and replaces the Authority with a Board for Advance Rulings, while preserving notification based resident eligibility.
    Act RulesBills
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    Dispute Resolution Committee provides an opt-in ADR path reducing penalties and granting prosecution immunity for minor tax disputes.
    Clause 379 creates an opt in Dispute Resolution Committee to resolve minor tax disputes by allowing modification of assessment variations, reduction or waiver of penalties, and grant of immunity from prosecution, with Assessing Officers required to implement DRC directions within a prescribed short timeframe; eligibility is confined by a monetary ceiling on variations, exclusions for search/survey or international information cases, and an income threshold as reported in returns, while procedural details and disqualifications are to be prescribed in subordinate rules.
    Act RulesBills
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    Set-off of tax refunds: authority to adjust refunds against outstanding dues with written intimation and time limited withholding.
    Clause 438 authorises specified tax officers to set off any refund due against sums remaining payable by the taxpayer, subject to mandatory written intimation. If assessment or reassessment proceedings are pending, the Assessing Officer may withhold the refund for a limited, time bound period, but only after recording reasons in writing and obtaining prior approval from the Principal Commissioner or Commissioner. The clause streamlines language from Section 245, narrows discretionary grounds for withholding by focusing on pendency of proceedings, and retains procedural safeguards without specifying priority among kinds of dues.
    Act RulesBills
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    Interest on tax refunds: prescribed entitlement and computation rules ensure compensation for delayed refunds and administrative resolution.
    Clause 437 provides a statutory entitlement to interest on delayed tax refunds, specifying commencement dates for interest based on refund source (advance tax, TCS, tax treated as paid, self-assessment, rectification or excess payment), a materiality threshold exempting trivial refunds, extension of entitlement to deductors, exclusion of periods of delay attributable to the taxpayer or deductor, additional interest for appellate or revision order-related refunds, adjustment and recovery mechanisms for varied refund amounts, and administrative resolution of disputes on excluded periods by a senior tax authority.
    Act RulesBills
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    Finality of assessments: refund claims limited to refunds for wrongly paid or excess tax, not re litigation of settled assessments.
    Clause 436 prevents an assessee, in refund claims, from questioning or seeking review of any assessment or matter that has become final and conclusive; relief in such claims is limited to refund of tax wrongly paid or paid in excess and the provision must be read with appeal, rectification and revision mechanisms to avoid undermining corrective powers elsewhere in the statute.
    Act RulesBills
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    Automatic refunds on appellate or statutory orders require proactive AO disbursement, subject to reassessment and annulment limits.
    Automatic refunds are mandated when appellate or other statutory orders reduce or annul tax liability, requiring the Assessing Officer to refund excess amounts without a claim, except where the Act provides otherwise. Refunds become due only after a fresh assessment when an order directs reassessment, and where an assessment is annulled the refund is limited to the excess tax paid over tax chargeable on the returned total income. The provision preserves AO obligations, exceptions for set off or stay, and separates principal refund rules from interest entitlement.
    Act RulesBills
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    TDS refund mechanism for deductors clarifies eligibility, prescribed application procedure, and time bound AO orders.
    Clause 434 creates a statutory TDS refund mechanism allowing a deductor who, under a written agreement, bore withholding tax and later claims no deduction was legally required to apply for refund in the prescribed form; the Assessing Officer must inquire as necessary, provide the applicant an opportunity to be heard, and pass a written order allowing or rejecting the claim within the specified time frame.
    Act RulesBills
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    Return-based refund claims must be made through the income tax return, tying refund limitation to return filing timelines.
    Clause 433 requires that every refund claim be made by furnishing the return of income under section 263, making return filing the exclusive procedural vehicle for refund claims and implicitly tying limitation to the return filing timelines without providing express condonation or separate application mechanisms.
    Act RulesBills
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    Refund entitlement: clubbed-income payee and authorised representatives may claim tax refunds when taxpayer cannot act.
    The clause entitles the person in whose total income clubbed income is included to claim the refund attributable to that income, and authorises a legal representative, trustee, guardian or receiver to claim or receive refunds on behalf of a taxpayer who cannot do so because of death, incapacity, insolvency, liquidation or similar cause; procedural formalities and limitation issues are left to subordinate rules and practice.
    Act RulesBills
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    Tax refund entitlement preserved: statutory right maintained under new bill with procedural verification by Assessing Officer.
    Clause 431 preserves a statutory right to a refund where a person satisfies the Assessing Officer that tax paid, paid on or treated as paid on their behalf for a tax year exceeds the amount properly chargeable; it covers direct payments and deemed payments (TDS/TCS, advance tax), places an initial procedural burden on the taxpayer, and mirrors Section 237 of the 1961 Act except for the shift from assessment year to tax year, with attendant implications for temporal reference, procedural integration, and ancillary issues such as interest, set offs and standards of verification.

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      AMENDMENTS TO DUTY RATES IN FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975

      1 February, 2025

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

      III. AMENDMENTS TO DUTY RATES IN FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975

      A.

      Increase in Tariff rate (to be effective from 02.02.2025) * [Clause 98 (a) of the Finance Bill, 2025] *Will come into effect immediately through a declaration under the Provisional Collection of Taxes Act, 2023

      Rate of Duty

      S. No.

      Tariff item

      Commodity

      From

      To

       

       

      Textile

       

       

      1.

      6004 10 00

      6004 90 00

      6006 22 00

      6006 31 00

      6006 32 00

      6006 33 00

      6006 34 00

      6006 42 00

      6006 90 00

      Knitted Fabrics

      20%/10%

      20% or Rs115/kg,

      whichever is

      higher

       

       

      IT & Electronics sector

       

       

      2.

      8528 59 00

      Interactive Flat Panel Displays (Completely Built Units)

      10%

      20%

      B.

      Decrease in Tariff rate (to be effective from 01.05.2025 unless otherwise specified) * [Clause 98 (b) of the Finance Bill, 2025] Note: These changes will be effective from 2nd

      February, 2025 by issuance of notification.

      Rate of Duty

      S. No.

      Heading, subheading,

      tariff

      item

      Commodity

      From

      To

      1.

      25151100

      2515 12

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

      40%

      20%

      2

      2516 11 00

      2516 12 00

      Granite, crude or roughly trimmed,

      merely cut into blocks, slabs and

      other

      40%

      20%

      3.

      2933 59

      Other compounds containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure

      10%

      7.5%

      4.

      3302 10

      Synthetic flavouring essences and

      mixtures of odoriferous substances

      of a kind used in food and drink

      industries

      100%

      20%

      5.

      3406

      Candles, tapers and the like

      25%

      20%

      6

      3822 90

      Reference Materials

      30%

      10%

      7

      3824 60

      Sorbitol other than that of subheading

      2905 44

      30%

      20%

      8

      3920

      Other, plates, sheets, films, foil and

      strip, of plastics, non-cellular and

      not reinforced, laminated,

      supported or similarly combined

      with other materials

      25%

      20%

      9.

      3921

      Other plates, sheet, film, foil and strip of plastics

      25%

      20%

      10.

      6401

      Waterproof Footwear with outer soles and Uppers of Rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes

      35%

      20%

      11.

      6402

      Other footwear with outer soles and uppers of rubber or plastics

      35%

      20%

      12.

      6403

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

      35%

      20%

      13.

      6404

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

      35%

      20%

      14.

      6405

      Other Footwear

      35%

      20%

      15.

      6802 10 00

      6802 21 10

      6802 21 20

      6802 21 90

      6802 23 10

      6802 23 90

      6802 29 00

      6802 91 00

      6802 92 00

      6802 93 00

      Worked monumental or building stone

      40%

      20%

      16.

      7113

      Articles of Jewellery and parts thereof

      25%

      20%

      17.

      7114

      Articles of goldsmiths’ and silversmiths’ ware’s and parts thereof

      25%

      20%

      18.

      7404 00 12 7404 00 19

      7404 00 22

      Copper Waste and Scrap

      2.5%

      Nil

      19.

      8002

      Tin Waste and Scrap

      5%

      Nil

      20.

      8101 97 00

      Tungsten Waste and Scrap

      5%

      Nil

      21.

      8102 97 00

      Molybdenum Waste and Scrap

      5%

      Nil

      22.

      8103 30 00

      Tantalum Waste and Scrap

      5%

      Nil

      23.

      8105 30 00

      Cobalt Waste and Scrap

      5%

      Nil

      24.

      8106 90 10

      Waste and Scrap of Bismuth and Bismuth alloys

      5%

      Nil

      25.

      8109 31 00, 8109 39 00

      Zirconium Waste and Scrap

      10%

      Nil

      26.

      8110 20 00

      Antimony Waste and Scrap

      2.5%

      Nil

      27.

      8112 13 00

      Beryllium Waste and Scrap

      5%

      Nil

      28.

      8112 41 20

      Rhenium Waste and Scrap

      10%

      Nil

      29.

      8112 61 00

      Cadmium Waste and Scrap

      5%

      Nil

      30.

      8541 42 00

      Solar Cells

      25%

      20%

      31.

      8541 43 00  8541 49 00

      Solar Module and Other semiconductor devices and photovoltaic cells

      40%

      20%

      32.

      8702

      Motor vehicles for transport of 10 or more persons

      40%

      20%

      33.

      8703

      Motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 8702)

      125%

      70%

      34.

      8704

      Motor vehicles for transport of goods

      40%

      20%

      35.

      8711

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

      100%

      70%

      36.

      8712 00 10

      Bicycles

      35%

      20%

      37.

      8903

      Yachts and other vessels for pleasure or sports; rowing boats and canoes

      25%

      20%

      38.

      9028 30 10

      Electricity meters for alternating current (Smart meter)

      25%

      20%

      39.

      9401

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

      25%

      20%

      40.

      9403

      Other furniture and parts thereof

      25%

      20%

      41.

      9404

      Mattress supports, articles of bedding and similar furnishing etc.

      25%

      20%

      42.

      9405

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

      25%

      20%

      43.

      9503 00 91

      Parts of electronic toys

      70%

      20%

      44.

      9802 00 00

      Laboratory Chemicals

      150%

      70%

      45.

      9803 00 00

      All dutiable articles, imported by a passenger or a member of a crew in his baggage

      100%

      70%

      46.

      9804 00 00

      All dutiable goods imported for personal use.

      35%

      20%

      C.

      Tariff rate changes (without change in existing effective rate of duty) to be effective from 01.05.2025 unless otherwise specified [Clause 98 (b) of the Finance Bill, 2025]

      Rate of Duty

      S. No.

      Heading, sub- heading tariff item

      Commodity

      From

      To

      1.

      1520 00 00

      Glycerol Crude, glycerol waters, glycerol lye

      30%

      20%

      2.

      2603 00 00

      Copper Ores and concentrates

      2.5%

      Nil

      3.

      2605 00 00

      Cobalt Ores and concentrates

      2.5%

      Nil

      4.

      2609 00 00

      Tin Ores and concentrates

      2.5%

      Nil

      5.

      2611 00 00

      Tungsten Ores and concentrates

      2.5%

      Nil

      6.

      2613 00 00

      Molybdenum Ores and concentrates

      2.5%

      Nil

      7.

      2615 10 00

      Zirconium Ores and concentrates

      2.5%

      Nil

      8.

      2615 90 10

      Vanadium Ores and concentrates

      2.5%

      Nil

      9.

      2615 90 20

      Niobium or Tantalum Ores and concentrates

      2.5%

      Nil

      10.

      2617 10 00

      Antimony Ores and Concentrates

      2.5%

      Nil

      11.

      2711 12 00

      Liquefied Propane

      15%

      2.5%

      12.

      2711 13 00

      Liquefied Butane

      15%

      2.5%

      13.

      27 11 19 10

      LPG (for non-automotive purpose)

      15%

      5%

      14.

      2711 19 20

      LPG (for automotive purpose)

      15%

      5%

      15.

      2711 19 90

      Other liquified petroleum gas

      15%

      5%

      16.

      2809 20 10

      Phosphoric Acid

      20%

      7.5%

      17.

      2810 00 20

      Boric Acid

      27.5%

      7.5%

      18.

      3824 99 00

      Other – Prepared Binders, chemical products and preparations of chemical or allied industries

      17.5%

      7.5%

      19.

      7210 12 10

      OTS/MR type-flat rolled products of thickness less than 0.5 mm

      27.5%

      15%

      20.

      7210 12 90

      Other flat rolled products of thickness less than 0.5 mm

      27.5%

      15%

      21.

      7219 12 00

      Hot-rolled products in coils of thickness greater than or equal to 4.75 mm, but not exceeding 10 mm

      22.5%

      15%

      22.

      7219 13 00

      Hot-rolled products in coils of thickness greater than or equal to 3 mm but less than 4.75 mm

      22.5%

      15%

      23.

      7219 21 90

      Flat rolled products of stainless steel of width 600 mm or more - Other nickel chromium austenitic type

      22.5%

      15%

      24.

      7219 90 90

      Flat rolled products of stainless steel of width 600 mm or more - Other sheets and plates

      22.5%

      15%

      25.

      7225 11 00

      Flat-rolled products of other alloy steel - grain oriented, silicon electrical steel

      20%

      15%

      26.

      7307 29 00

      Other tube or pipe fittings of stainless steel

      25%

      15%

      27.

      7307 99 90

      Other fittings of iron or steel, non- galvanised

      25%

      15%

      28.

      7308 90 90

      Other structure and parts of structures of iron and steel

      25%

      15%

      29.

      7310 29 90

      Others-tanks and drums etc.

      25%

      15%

      30.

      7318 15 00

      Other screws and bolts whether or with nuts or washers

      25%

      15%

      31.

      7318 16 00

      Threaded nuts

      25%

      15%

      32.

      7318 29 90

      Other non-threaded articles

      25%

      15%

      33.

      7320 90 90

      Other springs and leaves of iron/steel

      25%

      15%

      34.

      7325 99 99

      Other cast articles of iron or steel

      25%

      15%

      35.

      7326 19 90

      Others - forged or stamped articles of iron or steel but not further worked

      25%

      15%

      36.

      7326 90 99

      Miscellaneous other articles of iron/steel

      25%

      15%

      37.

      8001

      Unwrought Tin

      5%

      Nil

      38.

      8101 94 00

      Unwrought tungsten, including bars and rods obtained simply by sintering

      5%

      Nil

      39.

      8102 94 00

      Unwrought molybdenum, including bars and rods obtained simply by sintering

      5%

      Nil

      40.

      8103 20

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

      5%

      Nil

      41.

      8105 20 20

      Cobalt, unwrought

      5%

      Nil

      42.

      8106 10 10

      Bismuth, unwrought

      5%

      Nil

      43.

      8109 21 00

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

      10%

      Nil

      44.

      8110 10 00

      Unwrought antimony, powders

      2.5%

      Nil

      45.

      8112 12 00

      Beryllium unwrought, powders

      5%

      Nil

      46.

      8112 31

      Hafnium unwrought, waste and scrap, powders

      10%

      Nil

      47.

      8112 41 10

      Rhenium unwrought

      10%

      Nil

      48.

      8112 69 10

      Cadmium unwrought, Powders

      5%

      Nil

      49.

      8112 69 20

      Cadmium, wrought

      5%

      Nil

       


      Full Text:

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

      Topics

      ActsIncome Tax