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Case Laws Income Tax
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TNMM comparability requires consistent operating-cost treatment and FAR-based selection, while search matrices cannot replace evidence-led functional analysis.
TNMM requires consistent computation of operating profit and operating cost for the tested party and comparables. A provision for doubtful debts connected with sales and trade receivables may be an operating expense, as may routine business levies; income-tax on profits remains excluded. A search matrix is a disciplined evidentiary tool, not a statutory bar to an out-of-matrix comparable. Inclusion requires proof of functional fit, filter satisfaction and reasons for its absence, while rejection cannot rest solely on matrix absence. FAR analysis, segmental reliability and material scale differences govern comparability.
Case Laws Customs
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Reasonable belief in gold seizure requires recorded objective grounds before the reverse burden for smuggling can arise.
Gold seizure under Section 110 requires the proper officer to hold, before seizure, objectively supportable reasons to believe that goods are liable to confiscation. For gold, Section 123 shifts the burden of disproving smuggling only after a lawful seizure made in reasonable belief that the gold is smuggled. A general panchnama recital, foreign markings, high purity, or an uncorroborated retracted statement cannot alone establish that foundation. Reasons must exist contemporaneously and cannot be supplied retrospectively through later investigation.
Case Laws Income Tax
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Political contribution deductions require proof that payments are genuine, not merely bank transfers, receipts, and recipient registration.
Registration of the recipient political party, non-cash remittance, banking records and donation receipts are necessary evidentiary facts for a political-contribution deduction, but do not conclusively prove a genuine contribution. Where credible material indicates an accommodation-entry arrangement involving return of funds through intermediaries, the claimant must substantiate the transaction and address taxpayer-specific circumstances. General allegations about a recipient cannot alone displace a claim without a sufficient nexus to the taxpayer's own payment. Penalty initiation requires separate determination of under-reporting or misreporting and a reasonable opportunity of hearing.
Case Laws GST
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Estate-limited GST recovery permits post-death assessment of legal representatives while protecting heirs' independent assets after business discontinuance.
Section 93 permits post-death GST determination against a legal representative where a liable person dies. If the business is discontinued, tax, interest and penalty may be recovered only from the deceased's inherited estate and only within its capacity; the heir's independent assets remain outside that limit. Proceedings may be initiated without a pre-death notice, but must be addressed to the legal representative in that capacity, follow the applicable adjudication process, and provide hearing and a reasoned order.
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Recorded reasons to believe govern foreign-asset seizure; non-confirmation requires appellate resolution before contradictory adjudication proceeds.
Section 37A permits seizure of equivalent domestic assets only where the authorised officer records written reasons to believe that foreign assets are held in contravention of FEMA. The competent authority must examine the material after hearing both sides and either confirm or set aside seizure. A reasoned non-confirmation based on an absent statutory threshold is substantive on seizure, though it does not finally decide the underlying contravention. Pending appeal, the adjudicating authority cannot displace that finding or adopt a contrary premise; Section 37A(4) applies only to confirmed seizure.
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Unstayed tribunal dismissal leaves former directors without corporate authority while banks follow valid company instructions amid management disputes.
Where an oppression and mismanagement petition has been dismissed, a pending appeal without an appellate stay does not itself restore a former director's authority or suspend the dismissal's operative effect. Sections 241 and 242 require statutory prejudice and prescribed Tribunal findings; procedural irregularities in director removal may be relevant but do not alone establish oppression. Banks should ordinarily follow formally authorised company instructions rather than decide unresolved management disputes, unless a binding judicial or statutory restraint applies.
Case Laws Benami Property
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Benami property claims cannot be recast through wills or employment-based trust when pleadings assert beneficial ownership.
Benami-property claims based on a claimant's payment for property titled in another person's name may fall within the statutory definition when the property is alleged to be held for that claimant's benefit. A Will, succession claim, or other later instrument does not provide an independent basis of title where the pleaded foundation is restoration of beneficial ownership. The statutory scheme prohibits benami arrangements, bars enforcement of claimed beneficial ownership, and treats prohibited re-transfers as invalid; self-acquired title in the named holder's name does not displace the pleaded funding arrangement.
Case Laws Income Tax
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Reason to believe in reassessment requires tangible material, a live nexus, and recorded reasons; review of examined issues is barred.
Income-tax reassessment under Sections 147 and 148 is permissible only where recorded reasons, assessed at the time of notice, disclose a bona fide reason to believe that chargeable income escaped assessment. Final proof is unnecessary at that stage, but relevant tangible material must have a rational, live link to escapement. Reopening cannot be used to review an issue consciously examined and decided in the original scrutiny; nor can later or extraneous material supplement the recorded reasons. The taxpayer may seek the reasons, file focused objections, and receive a speaking order before reassessment continues.
Case Laws Income Tax
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Political-donation deduction disallowance does not itself establish misreporting; enhanced penalty requires proof of a specific statutory default.
Disallowance of a political-contribution deduction under Section 80GGC and imposition of penalty under Section 270A are separate statutory inquiries. An adverse finding on genuineness or eligibility may raise assessed or reassessed income, but cannot alone establish misreporting. Enhanced penalty requires proof that the taxpayer's conduct falls within a specific Section 270A(9) category, supported by a precise notice and reasoned factual findings.
Case Laws Income Tax
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Conditional charitable registration cannot suspend tax benefits pending litigation outside the statutory grant and cancellation framework.
Section 12AB permits the authority, after inquiry into objects, genuine activities and material legal compliance, to grant registration for the statutory period or reject the application. It does not create a contingent form of registration whose tax consequences await future litigation. Post-registration violations must be addressed through the separate cancellation process, requiring inquiry and hearing. Conditions in prescribed forms or administrative guidance may operationalise statutory duties but cannot create extra-statutory eligibility thresholds, future-conduct obligations or anticipatory cancellation consequences. Binding jurisdictional rulings remain applicable unless stayed, modified or reversed.
Case Laws Customs
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Transaction value reassessment requires disclosed comparable evidence, while protest-qualified consent preserves appellate rights against enhanced customs valuation.
Transaction value under Section 14 and Rule 3 is the primary basis for valuing imported goods. Rule 12 permits rejection only where an objectively sustainable reasonable doubt persists after considering further information; on request, the grounds must be disclosed in writing and a hearing afforded. Redetermination must follow Rules 4 to 9 sequentially and rely on demonstrably comparable import data. Written acceptance of reassessment may dispense with a speaking order under Section 17(5), but protest-qualified or provisional-clearance correspondence may preserve the statutory right to appeal.
Case Laws GST
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Leasehold rights assignment may fall outside GST when the lessee permanently transfers the entire proprietary estate.
GST treatment of assignment of leasehold rights turns on whether the lessee has made a complete transfer of its existing estate or continues to provide occupation or enjoyment. Where the assignor transfers the whole residual term, possession, building and associated rights, retains no reversionary or controlling interest, and the assignee succeeds directly to obligations towards the original lessor, the transaction may be characterised as transfer of benefits arising out of land rather than a supply of services. Labels such as premium, salami or transfer fee are not conclusive.
Case Laws Income Tax
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Leave encashment exemption: Non-government employees may claim the enhanced notified ceiling subject to statutory computation conditions.
Retirement leave encashment received by employees other than Central or State Government employees falls under Section 10(10AA)(ii). Exemption depends on retirement, the ten-month earned-leave limit, average salary for the preceding ten months, earned-leave entitlement restrictions, aggregate limits, and prior exempt receipts. The enhanced notified ceiling of Rs. 25,00,000, deemed to operate from 1 April 2023, is treated in the Tribunal approach discussed as a beneficial rationalisation available to eligible pending claims for earlier assessment years, without displacing the statutory computation conditions.
Case Laws Income Tax
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Dependent agent permanent establishment requires proven habitual contractual authority; liaison, administrative support, and customer contact alone remain insufficient.
Dependent agent permanent establishment under Article 5(5) requires proof that an Indian person has authority to negotiate and enter contracts for the foreign enterprise and habitually exercises that authority. Customer liaison, account management, administrative support, communication of pre-approved terms, document routing, and assistance with online standard-form contracting fall short unless Indian personnel substantively determine essential terms or routinely bring negotiations to a binding commercial conclusion. Formal offshore execution is not decisive where local personnel effectively control material negotiations. Corporate association, economic dependence, and independent-agent considerations cannot replace proof of the positive authority and habitual-exercise requirements.
Case Laws Customs
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Proper-officer jurisdiction permits assigned customs officers to issue recovery notices without having performed the original assessment.
Customs show-cause jurisdiction requires both appointment as an officer of customs and function-specific assignment as the proper officer. Assessment under Section 17 and recovery under Section 28 are distinct functions; the original assessing officer need not alone issue a recovery notice. Retrospective validation of qualifying officers' proper-officer status applies independently of the preserved historical recovery regime. Confiscation and penalty proceedings require written grounds, prescribed prior approval, representation, and hearing. Where jurisdiction exists, disputed facts, evidence, limitation, and procedural compliance ordinarily require determination through adjudication.
Case Laws Money Laundering
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Equivalent-value attachment permits securing untainted pre-offence assets only when unavailable criminal proceeds, valuation, and statutory risk are established.
Pre-offence property is ordinarily not directly derived from later scheduled-offence activity, but may be provisionally attached as equivalent value where actual proceeds are unavailable. Such attachment requires identification and reasoned valuation of the alleged proceeds, material showing their unavailability, and recorded reasons to believe that non-attachment risks concealment, transfer, or other frustration of confiscation. A later use of illicit funds to repay loans, construction borrowing, or secured obligations may separately establish a direct or indirect nexus. Section 24 presumptions do not replace the foundational requirements for attachment.
Case Laws IBC
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Cross-assignment disciplinary suspension requires proportionate, assignment-specific hearing while creditor committees retain statutory control over replacement decisions.
Where disciplinary misconduct concerns one CIRP, cross-assignment suspension requires a proportionate link to the pleaded charge, supporting material and hearing afforded. Section 220(2) permits disciplinary sanctions after hearing, while Regulation 13(7) requires intimation to Committees of Creditors and the Adjudicating Authority. On the prima facie construction applied, intimation informs each Committee's decision on continuation or replacement rather than automatically removing the professional from unrelated ongoing assignments. The Board's regulatory role and the Committee's replacement power remain distinct but connected.
Case Laws GST
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Electronic authentication of GST notices requires prescribed signatures; portal uploads, reference numbers, and DRC summaries cannot independently validate proceedings.
Rule 26(3) makes electronic issuance and authentication by digital signature, e-signature, or a notified verification mode cumulative conditions for GST notices and orders. A portal upload concerns service, while a system-generated reference number, DRC summary, or DIN performs tracking or procedural functions; none independently establishes the authorised officer's authentication. Section 169 governs service rather than validity, and Section 160 does not ordinarily cure a defect preventing attribution of the instrument to the competent officer. DRC-01 cannot replace the statutory notice, and DRC-07 supports recovery only upon a valid order.
Case Laws GST
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GST bail classification requires precise Section 132 charging clauses, with investigation status, cooperation and proportionality governing custodial necessity.
GST-evasion bail adjudication requires a case-specific assessment of custodial necessity rather than an automatic consequence of the alleged tax magnitude, Magistrate-triability, or a maximum five-year sentence. Section 132 classification depends on the precise offence clause and punishment bracket, not merely on the alleged quantum of evasion. Relevant considerations include the stage of investigation, cooperation with summons, security of evidence, individual role, risks of absconding or interference, proportionality, and personal liberty under Article 21.
Case Laws Customs
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Certificate-specific origin verification prevents preferential-duty denial based solely on unrelated suspect certificates or supplier doubts.
Preferential customs-duty treatment requires compliance with applicable rules of origin and reliable proof that imported goods qualify as originating. A country-of-origin certificate is important evidence but does not remove the importer's duty to possess supporting origin information and exercise reasonable care. Challenges to preferential treatment must be certificate-specific and consignment-specific: an adverse finding concerning identified certificates cannot, without direct evidence, invalidate separate certificates. Customs verification should identify the particular proof of origin, alleged defect and material linking it to the import, while fraud, suppression or misrepresentation independently established may support substantive action.

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Comparison of Section 2(22) "Capital Assets" between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

18 August, 2025

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Section 2 Definitions.

Income-tax Act, 2025 [As Passed]

At a Glance

The materials are two versions of the preliminary definitions provision: (i) Clause 2 of the Income Tax Bill, 2025 (Old Version) and (ii) Section 2 of the Income-tax Act, 2025 [As Passed]. The focal point for comparison is clause/sub-clause (22) (definition of "capital asset") and other textual variations within Clause/Section 2. These definitions determine the scope of capital gains and other chargeability concepts and therefore affect taxpayers, tax administrators and intermediaries such as FIIs, insurers and funds. Effective dates or commencement dates are Not stated in the document.

Background & Scope

Statutory hook: definitions provision contained in Clause/Section 2 of the respective instrument. Coverage: comprehensive list of defined terms used throughout the income-tax statute, including "capital asset" at clause/section (22). The texts include sub-definitions, cross-references to other scheduled items and to provisions of other statutes (Companies Act, SEBI Act, FEMA, etc.). The texts supply detailed inclusions and exclusions relevant for chargeability and computation of capital gains. Any legislative intent beyond the text is Not stated in the document.

Statutory Provision Mode

Text & Scope

Both texts define "capital asset" broadly as "property of any kind held by an assessee" and provide specified inclusions and exclusions. Key elements in both versions: (a) generic property; (b) securities held by foreign institutional investors or specified investment funds; (c) unit-linked insurance policies (subject to an exemption table); and exclusions for stock-in-trade, personal effects and certain agricultural land. The remainder of Clause/Section 2 supplies numerous other definitions that interact with capital gains provisions (e.g., "short-term capital asset", "transfer", "fair market value").

Interpretation

The text frames "capital asset" inclusively but carves out routine business inventory and certain types of agricultural land and personal effects. Cross-references to SEBI regulations, other sections (e.g., section 224(10)(a)), and schedules show legislative intent to align certain capital asset categories with sectoral regulation (FIIs, funds, insurance). The Act (As Passed) tends to use slightly different cross-references and more explicit modern drafting forms (e.g., clearer punctuation, additional parenthetical notes). Any express statement of legislative purpose is Not stated in the document.

Exceptions/Provisos

Both versions list exceptions to "capital asset" including:

  • stock-in-trade (except for certain securities specified)
  • personal effects (with enumerated exclusions such as jewellery, works of art etc.)
  • agricultural land in India, unless situated in specified urban or peri-urban areas (distance/population criteria)
  • Gold Deposit Bonds / deposit certificates under specified schemes (subject to notification)

Specific wording and scope of some provisos differ between the Bill and the Act; detailed differences follow.

Illustrations

  • Example 1: A share held by an FII - both texts include securities held by certain foreign institutional investors within the definition, thereby making such shares capital assets for capital gains purposes.

  • Example 2: A painting held for personal use - both texts treat such work of art as excluded from "personal effects" exclusions (i.e., works of art are excluded from "personal effects" meaning they are treated as capital assets).

  • Example 3: Agricultural land beyond the prescribed distance from specified municipal limits - treated as non-capital asset (agricultural land excluded), subject to the distance/population table in the text.

Interplay

The definition cross-references SEBI regulations, the Companies Act, the Securities Contracts (Regulation) Act and other statutory instruments (FEMA, Reserve Bank Act, Companies Act). The document itself does not reproduce attendant rules/notifications; therefore detailed operational interaction with those rules is Not stated in the document.

Differences between the Provisions and Practical Impact of Each Change

  • Formulation and placement of sub-clause (22)(b) - FIIs and investment funds: The Bill (old version) uses a compact formulation - "any securities held by a Foreign Institutional Investor or held by an investment fund specified in section 224(10)(a) which has invested in such securities as per the regulations..." The Act (As Passed) expands and rearranges wording: it expressly distinguishes securities held by (i) a Foreign Institution Investor which has invested in accordance with SEBI regulations, and (ii) an investment fund specified in section 224(10)(a) which has invested in accordance with SEBI regulations or under the International Financial Services Centres Authority Act, 2019.

    • Practical impact: the Act explicitly recognises IFSC Authority regulated funds as a route for investments to be treated as capital assets; the Bill's language is narrower/less explicit on IFSC reference. This clarifies tax treatment for funds operating under IFSC regime and reduces interpretive uncertainty for such funds. (Textual difference explicitly shown in the Act.)

  • Unit-linked insurance policy wording (22)(c): The Bill specifies "any unit linked insurance policy issued on or after 1st February, 2021 to which exemption under Schedule II (Table: Sl. No. 2) does not apply." The Act states "any unit linked insurance policy to which exemption under Schedule II (Table: Sl. No. 2) does not apply" (without the "issued on or after 1st February, 2021" temporal qualifier).

    • Practical impact: the Act's removal of the temporal qualifier broadens the category to include unit-linked policies irrespective of issuance date (subject to the Schedule II exemption). If intended, this expands the population of policies treated as capital assets and could affect capital gains computation for older policies that were outside scope in the Bill version. The documents themselves do not state legislative rationale.

  • Wording and granular drafting differences concerning agricultural land exclusions: Both texts retain the three-tier population/distance table but differ in presentation and minor phrasing (e.g., numeric rendering of population thresholds, "measured aerially", and references to clause numbering).

    • Practical impact: no substantive policy shift appears; differences are drafting/formatting. However, the Act's more detailed surrounding text (and punctuation) may reduce ambiguity in applying the distance test. The documents do not state transitional or interpretation guidance.

  • Definition of "personal effects": Both texts exclude "personal effects" but expressly list that jewellery, archaeological collections, drawings, paintings, sculptures and works of art are excluded from the definition of personal effects (meaning they are capital assets). The Act uses slightly different sub-paragraph labelling and inserts clarifying parentheticals (e.g., "which includes").

    • Practical impact: substantive treatment unchanged; drafting refinements in the Act may aid clarity in disputes concerning what constitutes "personal effects".

  • Cross-references, terminology modernisation and additional inclusions (Act): The Act adds or modifies some cross-references and parenthetical clarifications (for example, a more expansive definition of "securities" consistent with section references, and explicit inclusion of "property includes any rights in or in relation to an Indian company").

    • Practical impact: these drafting adjustments reduce potential interpretive gaps and align the definition with other restructured parts of the Act. The Bill text is somewhat older in phrasing; the Act text reflects finalised cross-references and added coverage (e.g., explicit mention of IFSC in the securities limb).

  • Minor drafting differences elsewhere in Clause/Section 2: There are multiple punctuation, phrase order and parenthetical differences across many definitions (e.g., "books or books of account", "domestic company", "document", "tax" etc.).

    • Practical impact: mostly clarificatory; no express substantive changes to core concepts are apparent from the provided texts. Any implication for interpretation beyond style and clarity is Not stated in the document.

Practical Implications

  • Taxpayers and funds operating through IFSCs should note the Act's explicit inclusion of IFSC Authority regulated investment funds in the securities limb - this reduces uncertainty about whether securities held by those funds are capital assets for capital gains purposes.

  • The apparent removal of the issuance-date limitation for unit-linked insurance policies in the Act widens the set of policies treated as capital assets; insurers, policyholders and advisors should reassess historical policy disposals for capital gains implications.

  • Drafting clarifications (population/distance table, expanded parentheticals) may reduce contested interpretation on agricultural land exclusions and personal effects; practitioners should rely on the Act text for current analysis.

  • Given many cross-references to other Acts and SEBI/IFSC regulation, coordination between compliance teams (tax, regulatory) is necessary; the document does not supply procedural rules or notifications - those are Not stated in the document.

Key Takeaways

  • Both texts keep an inclusive definition of "capital asset" with targeted exclusions (stock-in-trade, personal effects, certain agricultural land).

  • The As Passed Act expands/clarifies the securities limb to expressly include IFSC regulated investment vehicles and broadens the treatment of unit-linked policies by removing the issuance-date limitation present in the Bill.

  • Most other differences are drafting, cross-reference or formatting refinements intended to reduce ambiguity; no wholesale policy reversal is evident from the texts provided.

  • Practical consequence: IFSC funds and certain insurance policy disposals may face changed capital gains treatment under the Act; stakeholders should review positions against the final Act text.

  • Where the document does not state details (e.g., effective date, legislative intent, administrative guidance), those matters are Not stated in the document.


Full Text:

Section 2 Definitions.

Topics

Acts Income Tax