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Continuity of tax liability on business succession: successor taxed post succession and may bear predecessor's unrecoverable dues.
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Clause 312(7) makes Section 305 applicable to executors "so far as may be" in respect of tax paid or payable by them, treating executors as representative assessees and thereby enabling statutory recovery of taxes from the estate or beneficiaries while permitting necessary adaptations of procedures and raising questions on priority and apportionment in insolvent or contested estates.
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Taxation of deceased estates: executor liable for estate income until complete distribution, with legatee inclusion on distributed income.
Clause 312 taxes income of a deceased person's estate in the hands of the executor or administrator, with a single executor assessed as an individual and multiple executors as an association of persons; the executor is deemed to have the deceased's residential status for the tax year of death, assessments of estate income are separate from the executor's personal returns, separate assessments apply for each tax year or part thereof until complete distribution, and income distributed to specific legatees is excluded from the estate's income and included in the legatees' income.
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Joint and several liability of LLP partners applies where tax dues cannot be recovered from the LLP, subject to exculpation.
Clause 331 makes every person who was a partner of an LLP during the relevant tax year jointly and severally liable for any tax, penalty, interest, fees or other sums payable under the Income tax law that cannot be recovered from the LLP or relevant persons, expressly overriding LLP Act protections. Liability is triggered only after non recovery from the LLP and is rebuttable: a partner can escape liability by proving that the non recovery was not due to his gross neglect, misfeasance, or breach of duty.
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Firm taxation: firms taxed on total income at rates set annually in the Finance Act.
Clause 324 charges a firm which is assessable as a firm with tax on its total income at the rate specified in the Finance Act for the relevant year, applying only to entities that qualify as firms and requiring alignment with definitional, computation and allocation provisions elsewhere in the Act.
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Representative assessee liability: authorities may use the same remedies against property under a representative's control to recover tax dues.
Clause 304(5) of the Income Tax Bill, 2025, mirrors Section 167 by empowering the Assessing Officer to exercise the same remedies in the same manner against all property vested in, or under the control or management of, a representative assessee as would be available against a person directly liable for tax, covering all kinds of property and applying regardless of whether the tax demand is raised against the representative or the beneficiary.
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Direct assessment empowers tax authorities to bypass representative assessees and pursue beneficiaries directly, preserving recovery powers.
Clause 304(3) (Income Tax Bill, 2025) and Section 166 (Income tax Act, 1961) are non obstante provisions empowering the AO to directly assess and recover tax from the person entitled to income, irrespective of the existence of a representative assessee; these powers are discretionary, cover both assessment and recovery, preserve procedural safeguards for the beneficiary, and operate as alternative (not cumulative) mechanisms to prevent revenue loss due to procedural technicalities or representative non cooperation.
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Proportional apportionment clarifies how beneficiaries' trust distributions are computed for tax using a statutory formula.
Clause 304(4) prescribes that where only part of a trust's income is chargeable, the taxable portion of a beneficiary's receipts is determined by multiplying the beneficiary's receipt by the ratio of the trust's chargeable part to its whole income (A x C / B), thereby codifying proportional apportionment and imposing related recordkeeping and reporting obligations on trustees and representative assessees.
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Taxation of oral trusts: income charged at the maximum marginal rate regardless of other provisions, deterring informal trusts.
Income from oral trusts is taxed at the maximum marginal rate under both Section 164A and Clause 308, with a non-obstante clause to override other provisions; Clause 308 modernises the framework by referring to the person appointed under an oral trust and centralising the definition, thereby broadening potential liability and simplifying enforcement while raising disclosure and evidentiary burdens on assessees.
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Taxation of indeterminate-beneficiary trusts: highest marginal rate applies unless narrow bona fide exceptions permit AOP rate.
Clause 307 taxes income of representative assessees at the maximum marginal rate where beneficiaries or their shares are not expressly identifiable in the trust instrument or court order, with deeming provisions treating ambiguity as indeterminacy. Exceptions permit taxation at the AOP rate for beneficiaries below exemption limits and not under other trusts, sole will-declared trusts, bona fide pre-1970 family trusts for dependents, and bona fide employee benefit funds. Business profits are generally taxed at the maximum rate, except for sole testamentary trusts for dependent relatives which may get AOP treatment.
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Agent of non resident: expanded definition enables tax assessment and recovery from connected persons and intermediaries.
The clause defines who may be regarded as an agent of a non resident for tax purposes, listing persons employed by or acting for the non resident, those having any business connection with the non resident, persons from or through whom the non resident receives income, trustees, and any person acquiring a capital asset in India by transfer; it excludes certain brokers and requires an opportunity of being heard before treating any person as an agent.
Act Rules Bills
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Representative assessee rights to recover or retain tax protect intermediaries and permit certified withholding pending final liability.
Clause 305 grants a representative assessee a statutory right to recover from the principal any sum paid under the Act or to retain an equivalent amount from monies in his possession; allows withholding of an estimated liability prior to assessment; authorizes obtaining an Assessing Officer's certificate to fix the amount eligible for retention pending settlement; and limits recoverable liability to the certificate amount except insofar as the representative then holds additional assets of the principal.
Act Rules Bills
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Representative assessee liability clarified: apportionment formula and direct beneficiary assessment enhance tax recovery powers.
Representative assessees are treated as if represented income were received beneficially by them, making them liable to assessment and recovery in their name in a representative capacity; a bar on double assessment applies. The Assessing Officer may directly assess or recover tax from the beneficiary, and may use the same remedies against property under the representative's control as against property of any taxpayer. For partly chargeable trust income the Clause prescribes a formula to apportion each beneficiary's taxable share, while omitting the prior maximum marginal rate rule for trustees' business income.
Act Rules Bills
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Representative assessee provisions modernized: agents, guardians and trustees held liable for tax compliance and assessment.
Clause 303 designates specified persons as representative assessees-agents of non-residents, guardians/managers for minors and persons of unsound mind, court-appointed managers and trustees of written and oral trusts-and deems each representative to be an assessee for all purposes, including filing returns, payment of tax, and submission to assessment and appeal proceedings; it also provides a deeming mechanism allowing informal trusts to be treated as written trusts when a written statement is submitted to the Assessing Officer within prescribed timelines.
Act Rules Bills
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Continuity of tax liability: legal representatives remain liable for deceased's tax obligations, limited to the estate, with exceptions.
Clause 302 establishes that the legal representative is liable for any sum the deceased would have owed, is deemed to be an assessee, and that pending or potential assessments may be continued or initiated against the legal representative; liability is ordinarily limited to the estate's capacity but personal liability arises where the representative alienates or charges estate assets while liabilities remain, capped at the value of the asset so alienated.
Act Rules Bills
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Saving clause preserves general tax provisions in search assessments unless the special chapter expressly overrides them.
Clause 300 and Section 158BH operate as a saving clause preserving applicability of all general provisions of the Act to assessments under the special search chapter, except where the special chapter expressly provides otherwise; this ensures procedural, substantive and remedial provisions (notice, appeals, penalties, recovery, limitation rules) continue to apply unless specifically overridden, while raising interpretive issues about the extent of overriding effect, classification of provisions as procedural or substantive, and transitional application under the new Bill.
Act Rules Bills
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Authority for block assessments: senior officer decision plus prior supervisory approval required to validate search based assessments.
Orders assessing undisclosed income in search cases must be passed by an Assessing Officer at or above specified senior ranks and only with the previous approval of a higher authority; Clause 299 of the Income Tax Bill, 2025 carries forward this core framework from Section 158BG while aligning applicability to the commencement of the new Act. The requirement that approvals reflect a genuine application of mind, clear documentation of the approval process, and management of transitional cases are central operative obligations.
Act Rules Bills
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Interest and penalty in search assessments: revised rules mandate monthly interest and a fixed half tax penalty with a compliance safe harbor.
Clause 298 retains the Section 158BFA framework by charging simple interest on tax determined on undisclosed income for delay or non-filing after a search notice and imposing a fixed penalty equal to fifty percent of tax on undisclosed income, while providing a safe harbor where return is filed, tax paid with evidence and no appeal is filed; procedural safeguards include a right to be heard, supervisory approval for larger penalties, exclusion of rehearing and court stay periods from limitation, and mandatory communication of penalty orders to the Assessing Officer.
Act Rules Bills
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Relief from interest and penalty: block-period undisclosed income in search assessments taxed without additional interest or penalty.
Clause 297 exempts assessees from interest and penalty for undisclosed income assessed or reassessed for the block period in search and seizure proceedings, limiting relief to block-period income and applying to both initial block assessments and reassessments while leaving regular assessments and other penalties unaffected.

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

1 February, 2025

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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

Acts Income Tax