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Act Rules Bills
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Anti-avoidance in securities transactions deems income to the economic owner to prevent dividend and bonus stripping abuse.
Clause 175 establishes a deeming regime that treats dividends and interest received by an interposed holder as the income of the original economic owner where securities are transferred and subsequently reacquired, limits taxpayer liability where similar securities are acquired, apportions income for partial-year beneficial interest holders, provides exceptions if the taxpayer proves absence of avoidance, disallows losses from dividend and bonus stripping within prescribed acquisition and disposal windows, and treats disallowed bonus-related losses as cost adjustments for retained units.
Act Rules Bills
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Deeming of income transferred to non-residents prevents tax avoidance by treating economic beneficiaries as taxable residents.
Clause 174 applies where a transfer of assets, before or after commencement, results in income payable to a non-resident, and where the transfer alone or with associated operations confers on any person rights that give the power to enjoy that income. Such income is deemed to be that person's income for all purposes; related capital sums are treated to prevent disguise as non-taxable receipts. Exceptions exist for bona fide commercial transactions, with the taxpayer bearing the burden to satisfy the assessing authority.
Act Rules Bills
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Arm's length price principle reaffirmed and clarified in revised transfer pricing definitions, with expanded enterprise and transaction scope.
Clause 173 of the Income Tax Bill, 2025 restates and refines transfer pricing definitions: arm's length price as the benchmark between independent parties in uncontrolled conditions; an expansive definition of "enterprise" covering goods, IP, services, contracts, investments and securities (directly or via units/subsidiaries); "permanent establishment" as a fixed place of business; and "transaction" to include informal or non enforceable arrangements. The clause updates the "specified date" cross reference to the Bill's return filing provision and adopts more itemised drafting while maintaining substantive continuity with Section 92F.
Act Rules Bills
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Accountant's report requirement: certified transfer pricing reporting mandated for international and specified domestic transactions, with prescribed form and timing.
Clause 172 requires every person entering into an international or specified domestic transaction in a tax year to obtain and furnish, by the specified date, a report from an accountant in the prescribed form, signed and verified as prescribed, setting forth such particulars as may be prescribed; the clause makes the obligation statutory, preserves applicability across taxpayer categories, and defers procedural form, verification and timing details to subordinate legislation while maintaining continuity with the existing reporting mechanics.
Act Rules Bills
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Transfer pricing documentation: contemporaneous records required and rapid furnishing on demand to enhance transparency and enforcement.
Clause 171 mandates maintenance and furnishing of prescribed transfer pricing documentation by persons entering into international or specified domestic transactions and by constituent entities of international groups, while delegating the specific content, retention periods, thresholds and filing procedures to rules. It enshrines a ten day furnishing requirement with possible extension, cross references definitions to the Bill's reporting provisions, and anticipates master file, local file and country by country reporting formats, thereby consolidating and modernising existing documentary obligations.
Act Rules Bills
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Secondary adjustment: statutory deemed advance and repatriation rule with alternative option to pay additional tax in lieu of interest.
Clause 170 mandates secondary adjustment where a primary transfer pricing adjustment of a prescribed monetary threshold increases income or reduces loss and excess money is not repatriated within the prescribed time; unrepatriated excess is deemed an advance to any non-resident associated enterprise and attracts notional interest computed as prescribed, with an alternative statutory option to pay an additional income-tax that is final and bars further credit or deduction.
Act Rules Bills
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Advance Pricing Agreement application: modified returns must align tax assessments with agreed transfer pricing terms and timelines.
The statutory mechanism requires taxpayers to furnish a modified return limited to APA-impacted items within a prescribed post-agreement period, treats that filing as a return for assessment purposes, and directs assessing officers to modify completed assessments or complete pending proceedings in accordance with the APA; designated limitation and deeming provisions clarify timelines and the status of proceedings to ensure retrospective yet circumscribed implementation of the APA.
Act Rules Bills
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Advance pricing agreements secure pre determination of arm's length pricing to enhance transfer pricing certainty and reduce disputes.
Clause 168 preserves the APA framework by empowering the Board, with Central Government approval, to determine the arm's length price or manner of attributing income to India for international transactions; to specify statutory and rule based methods (with adjustments); to make APAs prevail over general transfer pricing provisions; to bind both taxpayers and tax authorities for covered transactions; to permit rollback for prior years; and to declare APAs void ab initio for fraud or misrepresentation, with corresponding limitation period consequences and scheme making authority for procedural rules.
Act Rules Bills
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Safe harbour rules mandate acceptance of declared transfer prices and deemed income, delivering taxpayer certainty while limiting administrative discretion.
Clause 167 empowers the Board to prescribe safe harbour rules under which income-tax authorities shall accept the transfer price or deemed income declared by the assessee for transactions falling within section 9(2) and arm's length price provisions, creating a statutory presumption that reduces administrative discretion and dependency on detailed rule-making to specify eligibility, thresholds, documentation, and procedural requirements.
Act Rules Bills
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Arm's length pricing: multi year ALP option expands certainty and permits roll forward of transfer pricing determinations.
Clause 166 authorises the Assessing Officer to refer international and specified domestic related party transactions to a Transfer Pricing Officer for determination of the arm's length price, subject to prior approval; mandates notice, hearing, prescribed transfer pricing methods, and communication of the TPO order to AO and assessee; empowers the TPO to examine unreported transactions and to validate a taxpayer's option to apply a determined ALP to similar subsequent years, with rectification powers and corresponding AO amendment obligations, and permits issuance of Board guidelines to implement the multi year regime.
Act Rules Bills
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Arm's length price determination: new clause refines methods and AO powers, emphasizing documentation and prescribed procedures.
Determination of Arm's Length Price requires selecting the most appropriate method from prescribed alternatives based on the transaction's nature, associated enterprise class, and functional analysis; where a single comparable price is found it is the arm's length price subject to a prescribed tolerance, while multiple prices must be reconciled in a prescribed manner. The tax authority may determine ALP during assessment if methods were not followed or documentation is inadequate, but must issue a show cause notice before adjustment; adjustments permit recomputation of total income and restrict deductions on enhanced income, with safeguards to prevent double adjustment.
Act Rules Bills
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Specified domestic transaction: extending transfer pricing to high-value related-party domestic dealings, subject to arm's length compliance.
Clause 164 defines specified domestic transaction by enumerating categories of non-international related-party dealings brought under transfer pricing when aggregate annual value exceeds a high-value threshold, includes a residual prescription power to notify additional transactions, and requires contemporaneous documentation and benchmarking to ensure compliance with the arm's length principle.
Act Rules Bills
Show AI Summary
International transaction scope expanded broadens transfer pricing coverage to intangibles and indirect dealings, including restructuring and financing arrangements.
Clause 163 defines international transaction expansively to include tangible and intangible property (expressly including transfer), capital financing, services, business restructuring, cost sharing and any transaction affecting profits, income, losses or assets; it reproduces an illustrative list of intangibles and contains a deeming rule treating dealings with third parties as international transactions where terms are determined with or pursuant to an associated enterprise, thereby widening transfer pricing coverage and anti avoidance reach.
Act Rules Bills
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Associated enterprise definition expands transfer pricing scope to include specified domestic transactions and indirect control.
Clause 162 defines associated enterprise through a general limb covering direct or indirect participation in management, control or capital and a list of deeming provisions-equity thresholds, significant loans and guarantees, board control, dependence on intangibles, supply and sales dependence, and familial/HUF control-while expressly extending the concept to specified domestic transactions and retaining prescribed catch-all and subjective influence tests that may require further guidance.
Act Rules Bills
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Arm's length price requirement drives transfer pricing adjustments to prevent profit shifting and protect the tax base.
Clause 161 mandates computation of income and the allowance of expenses or interest for international and specified domestic transactions among associated enterprises with reference to the arm's length price, requires arm's length allocation for shared costs or services, and prohibits transfer pricing adjustments that would reduce taxable income or increase losses, thereby strengthening scrutiny of intra group cost allocations and deductions to prevent profit shifting.
Act Rules Bills
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Unilateral double taxation relief limits credit to the lower of domestic or foreign tax rates and requires proof of foreign tax payment.
Clause 160 provides unilateral relief for Indian residents and non-resident partners taxed on foreign income where no DTAA exists, limited to the lower of the Indian tax rate or the foreign tax rate, requires proof of foreign tax payment, and defines key terms to include excess profits or business profits taxes; it modernizes terminology and omits a prior country-specific carve-out, while raising evidentiary and computational ambiguities.
Act Rules Bills
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Double taxation relief framework modernised: new clause clarifies treaty adoption, anti abuse safeguards, and documentation requirements.
Clause 159 empowers the Central Government to enter into and adopt agreements with foreign countries and notified specified territories, and permits specified domestic associations to enter into sectoral agreements subject to governmental adoption and notification. Agreements may provide relief from double taxation, avoidance of double taxation constrained by anti abuse safeguards, exchange of information to prevent evasion, and mutual assistance in tax recovery. The Act's provisions apply to the extent more beneficial to the taxpayer, but anti abuse measures in Chapter XI apply notwithstanding such benefit. Non residents must furnish a certificate of residence and prescribed documentation to claim treaty relief.
Act Rules Bills
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Treaty interpretation and anti-abuse primacy clarified: government may adopt association agreements while preserving treaty benefit limits.
Clause 159 authorises the Central Government to enter into agreements with foreign countries or notified territories and to adopt agreements between notified specified associations for double taxation relief, exchange of information, and mutual assistance in recovery. Taxpayers may claim the more beneficial of domestic law or a notified agreement, subject to documentary requirements for non-residents and the primacy of chapter-level anti-abuse provisions. A four-tier interpretive hierarchy for treaty terms is provided, with retrospective effect from the agreement's commencement.
Act Rules Bills
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Relief from taxation on foreign retirement accounts aligns Indian tax timing with foreign withdrawal taxation to prevent double taxation.
Clause 158 aligns Indian taxation of income from foreign retirement accounts with the foreign tax event by restricting relief to specified accounts in notified countries opened while the taxpayer was non resident, and by delegating timing and procedural details to rules to prevent double taxation, address timing mismatches, and guard against abuse.
Act Rules Bills
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Relief for irregular salary receipts: claim based allocation to prior years with computation and procedures delegated to rules.
Clause 157 provides relief where lump sum receipts (arrear or advance salary, salary for over twelve months, profits in lieu of salary, and arrears of family pension) cause an assessment at a higher rate. Relief is claim based on application to the Assessing Officer and requires allocation of amounts to earlier years; the Assessing Officer grants relief as prescribed in rules. An anti abuse exclusion denies relief where a deduction for the same amount has already been claimed, and computation, procedural steps and particulars (e.g., Form 10E practice) are to be specified by rules.

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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