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Case Laws GST
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School affiliation services fall outside educational exemption without a direct nexus to admissions or examination conduct.
Consolidated show cause notices may combine financial years governed by Sections 73 and 74 where liabilities are segregated period-wise, each component independently meets limitation and notice requirements, the additional ingredients for fraud-based proceedings are satisfied, and no actual prejudice arises. School affiliation and affiliation-form processing charges are independent taxable supplies where they concern institutional eligibility and compliance, rather than directly and immediately relating to student admission or the conduct of examinations. A broad connection with education does not satisfy the educational-services exemption.
Case Laws GST
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Fraudulent input tax credit requires proof of fictitious supplies, absent goods receipt, and fraud-linked self-assessment, not cancellation alone.
Input tax credit from allegedly non-existent suppliers depends on proof of genuine supply and actual receipt of goods or services, not merely invoices, accounting entries, or banking-channel payments. Section 155 places the burden of establishing ITC eligibility on the claimant. Section 74 requires more than ineligible credit: the wrongful availment must be linked to fraud, wilful misstatement, or suppression to evade tax. Retrospective supplier-registration cancellation is relevant evidence but is not conclusive. A fraud-based notice must disclose facts showing fictitious suppliers, absence of supply, and a basis for inferring the recipient's knowledge or participation.
Case Laws Money Laundering
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Prolonged pre-trial incarceration may justify conditional PMLA bail when delayed trials make continued detention constitutionally disproportionate.
Section 45 of the Prevention of Money-Laundering Act remains the stringent ordinary bail threshold, requiring prosecutorial opportunity and, on opposition, reasonable grounds to believe that the accused is not guilty and unlikely to offend while on bail. Article 21 nevertheless requires a separate, fact-sensitive inquiry where prolonged pre-trial detention and an unrealistic trial timetable make custody disproportionate. Relevant factors include custody length, trial progress, remaining witnesses, secured documentary evidence, source of delay, predicate-case status, and risks of absconding or witness interference. Conditions such as passport surrender, attendance, non-contact directions, and residence disclosure may safeguard the trial.
Case Laws Income Tax
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Prospective operation of stamp-value taxation prevents retrospective application where property agreements and substantial payments predate the charging provision.
Section 56(2)(x)(b) applies to immovable property received for inadequate consideration only where its temporal and valuation conditions are satisfied. A stamp-value difference alone does not establish taxability. Where consideration was fixed and substantial payments or contractual performance occurred before the charging provision commenced, later conveyance or registration does not by itself attract the later charge. Agreement-date valuation is available only for covered transactions where consideration was fixed and paid, wholly or partly, through prescribed banking or electronic modes on or before the agreement date. The tax authority must identify the correct statutory basis and provide a meaningful opportunity to respond.
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GST cash seizure limits require statutory relevance and restitutionary interest for unlawfully retained currency following searches.
GST seizure powers cannot be used to take cash as a general investigative measure or security for a possible tax demand. Currency is excluded from goods, and "things" is confined contextually to articles useful or relevant as evidence in GST proceedings. Valid seizure and retention require recorded statutory reasons, procedural compliance and observance of return timelines. Unauthorised retention engages property protections; later return does not cure the deprivation, and accrued interest is restitutionary rather than delayed-refund interest.
Case Laws Income Tax
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Salary expense genuineness requires proof of actual services, business purpose, and fair testing of adverse third-party statements.
Under Section 37(1), salary expenditure is deductible only where it is actually incurred wholly and exclusively for business purposes and is supported by proof of genuine employment, services rendered, business nexus, and payment. Bank transfers and accounting entries alone are not conclusive. Where a third-party statement is central to an allegation of non-genuine salary, the taxpayer should receive disclosure and a meaningful opportunity to rebut it, including cross-examination where appropriate. A retracted and uncorroborated statement is vulnerable as the sole basis for disallowance.
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Discounted cash flow valuation remains taxpayer-selected under prescribed rules, while tax scrutiny must identify specific valuation-date defects.
The taxpayer may elect a prescribed DCF valuation for unquoted equity shares, and scrutiny of that method does not permit substitution with Net Asset Value merely because it produces a lower fair market value. The Assessing Officer may examine projections, discount rates, terminal assumptions, computations and source data, but rejection requires demonstrably wrong facts, material errors, a wholly erroneous basis or objectively unsupported assumptions. Subsequent financial performance cannot alone invalidate a bona fide DCF valuation; the relevant inquiry remains the reasonableness of valuation-date information.
Case Laws GST
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Excess IGST on exports remains refundable when later correction triggers automated refund and reconciliation proves duplicate payment.
Refund of excess IGST paid on zero-rated exports may arise where turnover and tax are mistakenly entered under non-zero-rated supplies in FORM GSTR-3B while export invoices and shipping bills are correctly reported in FORM GSTR-1. If the exporter then pays the same IGST in the correct zero-rated field and the automated refund is credited against that later payment, the earlier payment remains a separately identifiable potential excess; its claim is not a repeat request for the same export-tax refund.
Case Laws GST
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GST registration revocation requires timely application, return compliance, payment of dues, and a reasoned statutory decision.
GST registration revocation after cancellation for return default is a conditional, time-bound process. An application under Section 30 and Rule 23 must ordinarily be filed within ninety days, subject to prescribed extension, and cannot be made until pending returns are filed and tax, interest, penalty and late fee are paid. Portal non-acceptance may permit online or physical submission where technically unavailable, but does not condone delay or ensure revocation. The competent authority must assess statutory eligibility, sufficient grounds and compliance while following notice and hearing requirements before rejection.
Case Laws Income Tax
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Reassessment limitation under TOLA requires final notices to issue within surviving time and satisfy statutory safeguards.
Reassessment limitation under TOLA is a jurisdictional restraint. Transitional notices issued between 1 April 2021 and 30 June 2021 are treated as Section 148A(b) show-cause notices, but only the surviving time remaining until 30 June 2021 is available for completing the reassessment process. Periods for supply of material and the assessee's response are excluded, but the Section 148A(d) decision, statutory approval and final Section 148 notice must issue within the remaining period. For Assessment Year 2015-16, post-1 April 2021 notices are treated as time-barred.
Case Laws Customs
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Unseized food consignments cannot face indefinite detention without lawful seizure, valid sampling, and prompt assessment.
Provisional release of an unseized imported food consignment is not mechanically governed by Section 110A, which applies to goods seized under Section 110. Customs may examine, test, verify and reassess imports, but indefinite retention without a seizure memorandum or disclosed reasons connecting the goods with confiscation is not justified. Food sampling should follow the specialised food-safety process through an authorised officer. A valid food-safety report may support conditional clearance, while classification, duty liability, confiscation and adjudication remain open. Revenue may be protected through proportionate security.
Case Laws Customs
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Anti-dumping duty recovery permits post-clearance demands and consequential import IGST where self-assessment omitted an applicable levy.
Unpaid anti-dumping duty omitted during self-assessment may be pursued through the customs recovery procedure without prior appellate modification of the self-assessment. The recovery framework applies to anti-dumping duty through statutory incorporation of provisions concerning assessment, non-levy, short-levy, interest and recovery. Where anti-dumping duty is chargeable, it forms part of the aggregate value used to compute IGST on imports, potentially creating a consequential IGST short-payment. Recovery requires accurate assessment of notification coverage, product, origin, rate, valuation, limitation and procedural safeguards.
Case Laws GST
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Project-wise anti-profiteering requires actual input tax credit measurement and area-based allocation of benefits to real-estate purchasers.
Real-estate anti-profiteering under Section 171 requires project-level identification of additional input tax credit and allocation of the saving across total project area on a per-square-foot basis. Purchase value may quantify credit attributable to project expenditure, but turnover or collections cannot serve as the allocation basis. The comparison must use pre-GST credit actually availed rather than merely available credit. GST collected on consideration inflated by an undistributed benefit forms part of the amount not passed on and remains distinct from statutory interest.
Case Laws Income Tax
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Retirement leave encashment exemption applies under the enhanced notified ceiling while preserving non-government employee classification and statutory conditions.
Section 10(10AA)(ii) governs retirement leave-encashment exemption for non-Government employees, subject to the ten-month earned-leave measure, average-salary computation, and the notified monetary ceiling. Notification No. 31/2023 specifies an enhanced ceiling of Rs. 25,00,000, is deemed effective from 1 April 2023, and certifies that retrospective effect causes no adverse effect. The enhanced ceiling is treated as a remedial rationalisation of an existing exemption and may govern pending earlier-period matters, while preserving the distinction between Government and non-Government employees.
Case Laws GST
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Transit GST jurisdiction limits detention penalties for documented inter-State supplies lacking a local taxable nexus.
Transit-State jurisdiction under GST permits interception, document production, e-way bill verification and authorised physical inspection of goods moving through an intermediate State. It does not, in a pure transit movement, support detention-related penalty for an external inter-State supply where origin and destination lie outside the intercepting State, no tax is payable there, and there is no evidence of diversion, local supply, fictitious or mismatched documents, or mismatch of goods. Cross-empowerment is administrative and does not create an independent territorial taxable nexus.
Case Laws SEBI
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Shareholder ratification cannot cure preferential-issue fund diversion when disclosed objectives are abandoned, triggering securities-market fraud and disclosure concerns.
Post-facto shareholder approval cannot retrospectively validate diversion of preferential-issue proceeds contrary to issue-specific objects disclosed to shareholders and the market. A special resolution authorises the issue but does not permit unrestricted use of proceeds. Periodic deviation reporting, audit-committee review and utilisation disclosures promote transparency; they do not enable diversion followed by later regularisation. Immediate diversion, inadequate commercial justification and missing documentation may indicate that disclosed objects were not genuinely intended to be performed. Later amendment of corporate objects or shareholder ratification cannot cure a completed securities-market disclosure breach.
Case Laws Income Tax
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Cross-border software payments require copyright-right, technical-service, and permanent-establishment analysis before withholding obligations are determined under applicable treaties.
Section 195 requires withholding only from a remittance to a non-resident that includes income chargeable in India. For software, royalty depends on transfer of copyright rights, not merely the right to install, access, use, or distribute a copyrighted article under restrictive terms. Where a DTAA is more beneficial, its royalty and FTS definitions control; treaty FTS may require technology to be made available. Amounts that are neither royalty nor FTS require consideration as business profits, ordinarily taxable only where profits are attributable to a permanent establishment. Composite payments require component-wise allocation and analysis.
Case Laws GST
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Personal GST penalty requires proof that the beneficiary retained benefit and directed a covered invoice or credit transaction.
Section 122(1A) may impose personal GST penalty on a registered or unregistered person only for a covered invoice or input tax credit transaction. Liability requires cumulative proof that the individual retained an identifiable personal benefit and that the transaction was conducted at that person's instance. Directorship, employment, registration, signature authority, or association with the taxable entity neither independently establishes nor excludes liability. Proceedings require transaction-specific and person-specific allegations and findings. The provision operates prospectively for underlying acts or transactions occurring on or after 01.01.2021.
Case Laws IBC
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Proof of tenancy rights governs insolvency recovery of corporate-debtor premises from occupants lacking enforceable possessory interests.
Where premises form part of the corporate debtor's assets, Sections 18 and 25 of the Insolvency and Bankruptcy Code, 2016 require the resolution professional to take custody, control, preservation and protection measures. An occupant resisting recovery must prove a subsisting tenancy, leasehold interest or enforceable licence through reliable evidence of the parties' intended relationship and its essential terms. Permission to stock goods or conduct limited business activity, prolonged occupation, and business or utility records do not independently create rights in the premises. Section 60(5)(c) supports insolvency jurisdiction over asset-recovery measures connected with the insolvency estate.
Case Laws GST
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GST portal service requires statutory validity and practical accessibility before ex parte adjudication can fairly proceed.
GST portal service is a statutory method under Section 169, but its use in an ex parte demand proceeding depends on effective accessibility and a meaningful opportunity to reply and be heard. Rule 142 requires electronic DRC-01 and DRC-07 summaries to operate alongside the underlying show-cause notice and reasoned order. Portal placement, complete communication, e-mail transmission, technical reliability and proof of actual access may determine whether service is effective, whether waiver applies, and whether appellate limitation begins.

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Change in India's Digital Payment Mandate : Clause 187 of the Income Tax Bill, 2025 Vs. Section 269SU of the Income Tax Act, 196

8 July, 2025

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Clause 187 Acceptance of payment through prescribed electronic modes.

Income Tax Bill, 2025

Introduction

Clause 187 of the Income Tax Bill, 2025, continues the legislative initiative to mandate businesses of a certain scale to provide facilities for accepting payments through prescribed electronic modes. This provision, while newly articulated in the 2025 Bill, is fundamentally a successor to Section 269SU of the Income Tax Act, 1961, which was introduced by the Finance (No. 2) Act, 2019, and operationalized through Rule 119AA of the Income-tax Rules, 1962. The underlying policy objective is to promote digital payments, enhance transparency, and combat tax evasion by reducing the scope for unaccounted cash transactions in large businesses. This commentary undertakes a detailed analysis of Clause 187, examining its scope, language, and implications, and compares it with the existing statutory and regulatory framework u/s 269SU and Rule 119AA. The analysis also considers the practical and compliance implications for stakeholders, identifies potential ambiguities, and explores areas that may require further legislative or judicial clarification.

Objective and Purpose

The legislative intent behind Clause 187, as with its predecessor, is to institutionalize digital payment acceptance among large businesses. The move aligns with the government's ongoing policy thrust towards a "less-cash" economy, financial inclusion, and the formalization of business transactions. The provision aims to:

  • Ensure that businesses above a specified threshold provide customers with the option to pay through electronic modes.
  • Reduce the prevalence of cash transactions, thereby curbing avenues for tax evasion and unaccounted money.
  • Facilitate traceability and auditability of business receipts for tax authorities.
  • Encourage the adoption of indigenous payment systems such as RuPay and BHIM-UPI, fostering domestic fintech innovation.

The historical context includes a series of measures post-demonetization in 2016 and the Digital India campaign, which have collectively sought to shift the economy towards digital transactions.

Detailed Analysis of Clause 187 of the Income Tax Bill, 2025

  1. Text and Structure

    Clause 187 provides: "Every person shall provide facility for accepting payment, through electronic modes as prescribed, in addition to other electronic modes, if any, being provided by him, where-- (a) such person is carrying on business; and (b) total sales, turnover, or gross receipts in such business exceeds fifty crore rupees during the immediately preceding tax year."

    The provision applies to all persons (including individuals, firms, companies, etc.) carrying on business whose sales, turnover, or gross receipts exceed Rs. 50 crore in the preceding tax year. The obligation is to provide "facility for accepting payment, through electronic modes as prescribed," in addition to any other electronic modes already provided.

  2. Key Elements
    • Threshold: The monetary threshold is set at Rs. 50 crore in the "immediately preceding tax year." This ensures that the obligation is confined to medium and large businesses, balancing compliance costs with policy objectives.
    • Prescribed Electronic Modes: The phrase "as prescribed" defers the specification of electronic modes to subordinate legislation (rules or notifications), allowing flexibility to adapt to technological advancements.
    • Additionality: The requirement is "in addition to other electronic modes, if any, being provided." This ensures that the prescribed modes are mandatory, irrespective of any other digital payment options already offered.
  3. Interpretation and Legal Principles
    • Mandatory Nature: The use of "shall provide" makes the provision obligatory for all qualifying businesses. Non-compliance would likely attract penal consequences, as was the case under the earlier regime.
    • Scope of "Person": The term "person" is broadly defined in the Income Tax Act and would include individuals, HUFs, firms, companies, LLPs, AOPs, BOIs, and any other juridical entities engaged in business.
    • "Prescribed" Modes: The reliance on prescription by rules ensures adaptability but may also create uncertainty until such rules are notified.

Comparison with Section 269SU of the Income Tax Act, 1961

  1. Section 269SU of the Income Tax Act, 1961
    • Text: "Every person, carrying on business, shall provide facility for accepting payment through prescribed electronic modes, in addition to the facility for other electronic modes, of payment, if any, being provided by such person, if his total sales, turnover or gross receipts, as the case may be, in business exceeds fifty crore rupees during the immediately preceding previous year."
    • Similarity: The language and structure of Clause 187 are almost identical to Section 269SU. Both provisions target businesses exceeding the Rs. 50 crore threshold and require the provision of "prescribed electronic modes" in addition to any other electronic payment facilities.
    • Difference: Clause 187 refers to the "immediately preceding tax year," whereas Section 269SU refers to the "immediately preceding previous year." While both terms typically refer to the same period under the Income Tax Act, the change in terminology may have interpretive significance, especially if "tax year" is defined differently in the new Bill.
    • Legislative Continuity: Clause 187 is evidently intended as a reenactment or migration of Section 269SU into the new Income Tax Bill, ensuring continuity of policy.
  2. Rule 119AA of the Income-tax Rules, 1962
    • Text: Specifies that every person to whom Section 269SU applies "shall provide facility for accepting payment through following electronic modes, in addition to the facility for other electronic modes of payment, if any, being provided by such person, namely: (i) Debit Card powered by RuPay; (ii) Unified Payments Interface (UPI) (BHIM-UPI); and (iii) Unified Payments Interface Quick Response Code (UPI QR Code) (BHIM-UPI QR Code)."
    • Prescribed Modes: Rule 119AA operationalizes the statutory mandate by listing specific payment modes, focusing on indigenous systems (RuPay, BHIM-UPI).
    • Continuity and Adaptability: Clause 187, by using "as prescribed," retains the structure for subordinate legislation to specify or update the required modes, allowing for technological evolution.

Practical Implications

  1. For Businesses
    • Compliance Obligation: All qualifying businesses must ensure that the specified electronic payment facilities are available at all customer-facing points, whether physical or digital.
    • Cost Implications: While the prescribed modes (RuPay, BHIM-UPI, UPI QR) are generally low-cost, there may still be operational and integration costs, especially for businesses with legacy payment systems.
    • Penalties for Non-compliance: u/s 271DB (which accompanied Section 269SU), non-compliance attracted a penalty of Rs. 5,000 per day. A similar penal provision is likely to be enacted alongside Clause 187.
    • Audit and Record-Keeping: Businesses must maintain records of their compliance, as tax authorities may require evidence during assessments.
  2. For Consumers
    • Payment Flexibility: Consumers benefit from a wider choice of payment options, particularly those based on domestic payment systems.
    • Reduced Cash Dependency: The measure reduces the need for cash transactions, promoting a safer and more transparent payment ecosystem.
  3. For Regulators and Tax Authorities
    • Enhanced Traceability: Digital payments create an audit trail, facilitating better detection of tax evasion, under-reporting, and money laundering.
    • Enforcement Challenges: Monitoring compliance across thousands of businesses may pose practical challenges, requiring robust reporting and inspection mechanisms.

Ambiguities and Issues in Interpretation

  1. Definition of "Prescribed" Modes
    • Until the relevant rules are notified under the new Bill, there may be uncertainty about which electronic modes are mandatory. If the rules are not promptly updated or harmonized with technological changes, this may create compliance gaps.
  2. Applicability to E-commerce and New Business Models
    • The provision is drafted in technology-neutral terms, but practical application to online marketplaces, aggregators, and platform-based businesses may require clarification, especially regarding the locus of compliance.
  3. Overlap with Other Payment Regulations
    • There may be overlap with RBI guidelines on payment acceptance infrastructure, as well as with other sectoral regulations (e.g., for NBFCs, fintechs). Harmonization is necessary to avoid conflicting obligations.
  4. Threshold Determination
    • While the Rs. 50 crore threshold is clear, issues may arise in group companies, franchises, or business divisions regarding aggregation of turnover for compliance determination.

Policy and Technological Considerations

The requirement to provide RuPay and UPI-based payment options is both a policy and technological choice. It supports domestic payment networks, reduces dependence on international card schemes, and may lower transaction costs. However, it also requires businesses to integrate with these systems, which may be a challenge for legacy businesses or those with international customer bases. The "as prescribed" formulation allows the government to update the list of mandatory payment modes as new technologies emerge (e.g., digital wallets, account aggregators, CBDCs), ensuring future-proofing. However, it also places a premium on timely and transparent rule-making.

Potential Areas for Reform or Judicial Clarification

  • Clarification of Applicability: Guidance may be needed on the application of the threshold to business groups, franchises, and online platforms.
  • Penalty Provisions: The quantum and nature of penalties for non-compliance should be proportionate and provide for reasonable cause exceptions.
  • Harmonization with Other Laws: The provision should be harmonized with RBI and sectoral regulations to avoid conflicting obligations.
  • Consumer Awareness: Efforts should be made to educate consumers about their rights to demand payment by the prescribed modes.
  • Technological Upgradation: The government should ensure that the prescribed modes keep pace with technological developments and that businesses are given adequate time and support to comply.

Conclusion

Clause 187 of the Income Tax Bill, 2025, is a direct legislative successor to Section 269SU of the Income Tax Act, 1961, and is operationalized through subordinate rules akin to Rule 119AA. The provision reflects a continued commitment to promoting digital payments and financial transparency among large businesses. While the structure and intent remain largely unchanged, the shift to the new Bill provides an opportunity to address ambiguities, enhance compliance mechanisms, and ensure harmonization with evolving payment technologies and regulatory frameworks. The provision's success will depend on clear rule-making, effective enforcement, and ongoing adaptation to technological change. Stakeholders, including businesses, consumers, and regulators, must remain vigilant to ensure that the policy objectives of transparency, inclusion, and ease of doing business are achieved without imposing undue compliance burdens.


Full Text:

Clause 187 Acceptance of payment through prescribed electronic modes.

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Acts Income Tax