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    Case LawsIncome Tax
    Jurisdictional Prerequisites for Initiating Reassessment u/s 148: Non-Depoist of TDS by the Employer
    Case LawsIncome Tax
    Revisiting the Scope of "Record" u/s 263: Embracing Subsequent Records
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    Case LawsIncome Tax
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    Case LawsIncome Tax
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    Case LawsIncome Tax
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    Jurisdictional prerequisite: notice in the name of a deceased person invalidates reassessment initiation under Section 148.
    A notice under Section 148 issued in the name of a deceased person is a jurisdictional defect because a valid notice to the correct person is a condition precedent to reopening an assessment; legal representatives have no statutory duty to intimate death; where salary tax has been deducted at source, reassessment cannot be pursued against the deceased or their representatives, and employer non-deposit of TDS does not create an outstanding demand against the assessee or their legal representatives.
    Case LawsIncome Tax
    Show AI Summary
    Revisional power: Commissioner may consider subsequent records available at time of examination in tax proceedings.
    The Court construed the Commissioner's revisional power to permit consideration of all materials relating to the proceeding that are available at the time of his examination, including documents and valuation reports that came on the file after the assessment order; the Explanation to the provision was read as clarificatory, giving an inclusive meaning to "record" rather than restricting it to what the Assessing Officer had when passing the assessment.
    Case LawsIncome Tax
    Show AI Summary
    Revision powers under section 264: Commissioner must consider expanded record and rehear revision petitions on merits.
    The Court held that the Commissioner must consider a revision petition on its merits and that the term record in revision proceedings extends beyond the return and assessment order to include material from other sources and prior assessments. It emphasised consistency in treatment of continuing transactions and required the Principal Commissioner to take into account all relevant materials, identify any apparent mistakes, afford a personal hearing, and pass a reasoned order within a short timeframe.
    Case LawsGST
    Show AI Summary
    Natural justice in tax proceedings: show cause notices must allege fraud or concealment before enhanced recovery is invoked.
    The court quashed the enhanced-provision show cause notice for failing to allege the essential elements of fraud, willful misstatement, or suppression of facts and held that the enhanced regime may be invoked only when the adjudicating authority is prima facie satisfied of those elements and records that satisfaction in the notice; absent such express allegations the proceedings are without jurisdiction though fresh proceedings may be initiated with a proper notice.
    Case LawsGST
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    Plant classification under GST: functionality test determines ITC eligibility for buildings serving special technical requirements.
    The expression plant or machinery in Section 17(5)(d) of the CGST Act must be interpreted by reference to functionality rather than by equating it with the statutory definition of "plant and machinery." A building qualifies as a plant for ITC purposes if, on the facts, it was planned and constructed to serve the assessee's special technical or operational requirements. The functionality test is fact-specific and requires case-by-case analysis of the building's role in the assessee's business.
    Case LawsCustoms
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    Inordinate delay in adjudication bars further proceedings on stale show cause notices absent a reasonable explanation.
    The court found the delay from 2008 to 2021 inordinate and unexplained, concluding the respondents did not provide a reasonable explanation; the delayed transfer to the call book without intimation breached statutory intimation requirements, and established precedent limits reliance on higher authority to excuse gross unexplained delays in adjudication of show cause notices.
    Case LawsCustoms
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    Inordinate delay in adjudication undermines procedural fairness and bars continuation of prolonged, unexplained proceedings.
    The court found that prolonged, unexplained delay in adjudicating a show cause notice breached procedural fairness and natural justice, causing irretrievable prejudice by impairing evidence preservation and business planning. Delay attributable to the revenue authorities, contrary to Tribunal directions for timely disposal, rendered continuance of proceedings unsustainable and emphasized the necessity of justifying delay and ensuring timely adjudication.
    Case LawsIncome Tax
    Show AI Summary
    Pandemic relief legislation upheld: re-assessment notices issued during lockdown remain valid despite later procedural rule.
    The court interpreted the pandemic relief legislation as providing comprehensive relief that extended to procedural obligations in force at the time of issuance, not confined solely to extensions of time. It applied the principle that statutes operate prospectively and concluded the later-introduced procedural provision does not apply retrospectively to invalidate earlier-issued re-assessment notices, limiting its analysis to the validity of issuance and not the merits of re-assessment proceedings.
    Case LawsIndian Laws
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    Central legislative competence over mineral regulation affirmed; royalties characterised as compensation for resource depletion, limiting state levies.
    The Court concluded that the central legislative framework occupies the field of mineral regulation and that royalties are compensation for depletion of state-owned natural resources, not conventional taxes; consequently the Centre may impose such levies while States remain constrained from imposing royalties in the nature of compensation that would encroach on the Centre's exclusive regulatory domain.
    Case LawsIncome Tax
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    Faceless assessment mechanism requires reassessment steps to follow a centralized faceless procedure, otherwise territorial officer lacks jurisdiction.
    The Scheme framed under the enabling provision must be read to include preliminary proceedings linked to reassessment, so that reassessment initiation and related steps follow the faceless mechanism; concurrent exercise of territorial and faceless functions would undermine the Scheme's purpose and render steps taken outside the faceless protocol inconsistent with the statutory framework.
    Case LawsIncome Tax
    Show AI Summary
    Evidentiary value of survey statements: survey disclosures lack conclusive weight and require independent corroboration.
    Statements recorded during a tax survey are permissive and not taken on oath, so they are not conclusive evidence by themselves; they cannot be treated as inherently incriminating material to justify reopening assessments or making additions without independent corroboration, and must be recorded free of coercion in line with administrative instructions and judicial precedents.
    Case LawsIncome Tax
    Show AI Summary
    Faceless assessment jurisdiction: JAO lacked authority under the statutory faceless procedure, invalidating improperly issued notices.
    The court determined that reassessment notices and related proceedings were inconsistent with the statutory faceless assessment framework because they were issued without following the prescribed allocation of jurisdiction and procedural sequence under the faceless mechanism; administrative orders purportedly exempting cases were not read to displace the statutory requirements and earlier precedent interpreting the faceless provisions was applied.
    Case LawsIncome Tax
    Show AI Summary
    Faceless Assessment: statutory scheme governs jurisdiction and extends to central and international taxation proceedings.
    The court analysed Section 151A read with Sections 144B and 148A and held that administrative instructions dated March 31, 2021 and September 6, 2021 issued under section 119 apply only to assessment orders and do not extend to proceedings under Sections 148A and 148; those instructions cannot be read into the scheme notified on March 29, 2022. The mandatory faceless procedure under Sections 144B and 151A applies to notices and proceedings, including central charges and international taxation charges, and notices issued outside that mechanism fall outside the statutory jurisdictional framework.
    Case LawsIncome Tax
    Show AI Summary
    Doctrine of limitation prevents revival of lapsed reassessment powers; administrative instructions cannot "travel back in time."
    The court held that when the right to reopen assessment had already lapsed under the pre amended limitation regime, subsequent amendments or administrative instructions could not revive that right; administrative attempts to "travel back in time" and extend limitation were invalid, assessees retain the defence of limitation, and pandemic era notifications did not cover years whose limitation had already expired.
    Case LawsGST
    Show AI Summary
    Mens rea requirement in tax penalties: technical errors without intent cannot justify penalty imposition under GST compliance.
    Requirement of mens rea for imposition of tax penalties is central where e Way Bill compliance is questioned. Mere procedural or timing inconsistencies, without evidence of intent to evade tax and where valid tax invoices accompany the goods and tax has been charged, do not justify penal action. Authorities must establish culpable intent with cogent reasoning and comply with procedural and natural justice safeguards before imposing penalties.
    Case LawsIncome Tax
    Show AI Summary
    Mandatory timelines under Section 144C require assessments to be completed within the prescribed month after DRP direction, else invalid.
    Once the DRP framed directions, the Assessing Officer was obliged to complete the assessment in conformity with those directions within one month from the end of the month in which the DRP's direction was served; service by uploading the DRP directive on the ITBA portal constitutes valid service for computing that period. The procedure does not envisage further involvement of the Transfer Pricing Officer once the DRP's direction is issued and an order under the transfer pricing provision has been remitted to the AO.
    Case LawsGST
    Show AI Summary
    Mens rea requirement: technical expiry of an e way bill alone cannot justify a tax penalty without intent to evade.
    The court held that a purely technical lapse in E Way Bill formalities - where goods were otherwise covered by two e invoices and two E Way Bills and there was no dispute on consignor, consignee or goods - does not demonstrate the mens rea necessary to impose a penalty under the tax penal provision; authorities' focus on the expired E Way Bill alone was legally insufficient given documentary explanations and absence of intent to evade tax.
    Case LawsGST
    Show AI Summary
    Exclusion of Limitation Act: GST Act's specific appellate time limits operate as a self contained code, barring general extensions.
    The court analysed whether the GST Act's appellate limitation regime operates as a complete code excluding the general Limitation Act. It applied the principle that fiscal statutes with detailed procedural and temporal rules are to be strictly construed, treating the special statute's limitation provision as implying exclusion of the Limitation Act's extension mechanism, and emphasised policy aims of expeditious dispute resolution, revenue certainty and administrative finality.
    Case LawsIncome Tax
    Show AI Summary
    Assessing Officer discretion in granting stay of tax demand cannot be rigidly constrained by administrative OMs, requiring case specific consideration.
    The Assessing Officer's discretionary power under section 220(6) to grant stay of tax demand is not fettered by CBDT Office Memorandums; those OMs are administrative guidelines and do not mandate a uniform pre deposit. The AO must consider prima facie case, likelihood of success, and undue hardship and may require a higher, lower or no deposit depending on case specific facts. Administrative adjustment of refunds without considering a pending stay application was held arbitrary and the matter was remitted for reconsideration applying these principles.
    Case LawsIncome Tax
    Show AI Summary
    Technical services interpretation requires specialized expertise and a demonstrable link to payments for withholding tax consequences.
    Interpretation of technical services under the India Ireland DTAA requires the application or transfer of specialized knowledge, skill or expertise; incidental training or assistance enabling a reseller to market standard software does not meet that threshold. The Reseller Agreement did not contemplate technology transfer or bespoke solutions, payments were tied to reseller net revenue, and the record lacked material linking remittances to customized technical services. Authorities must establish an evidentiary and contractual nexus between payments and provision of specialized technical services before applying withholding tax under the treaty.

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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