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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.
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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.
Case Laws Income Tax
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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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Comparison of Section 29 "Deductions related to employee welfare" between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

21 August, 2025

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Section 29 Deductions related to employee welfare.

Income-tax Act, 2025 [As Passed]

At a Glance

The documents are two versions of Clause/Section 29 dealing with deductions related to employee welfare in the Income-tax Bill/Act, 2025. They matter because they govern employer tax deductions for contributions to provident, pension, gratuity and related employee welfare funds and determine when employer- or employee-contributed amounts are deductible. A principal change appears in the treatment and interaction of provisions relating to gratuity provisions (sub-clause (d)) and the general prohibition on deductions for provisions (sub-section (2)). The effective date or decision date: "Income-tax Act, 2025 [As Passed]" indicates enactment, but the text contains no express effective date beyond being part of the Act. (If a detail is missing: Not stated in the document.)

Background & Scope

Statutory hooks: Provisions are placed under the head "Profits and gains of business or profession" and are framed as Clause/Section 29 of the Income-tax Bill/Act, 2025. Coverage: deductions allowed to an assessee who is an employer when computing income chargeable u/s 26. The text sets out specific categories of deductible sums (contributions to recognised provident funds, approved superannuation funds, pension schemes u/s 124, approved gratuity funds under irrevocable trust, certain provisions relating to gratuity, and employee contributions credited to funds). The provision also cross-references section 2(49)(o) and section 37. Definitions or further explanations beyond these references are Not stated in the document.

Statutory Provision Mode

Text & Scope

The provision delineates six categories in sub-section (1) of sums that an employer (assessee) may deduct while computing business income u/s 26:

  • (1)(a): Contributions to recognised provident funds or approved superannuation funds subject to prescribed limits for recognition/approval and conditions specified by the Board where contributions are not made annually as fixed amounts.
  • (1)(b): Contributions to a pension scheme referred to in section 124, limited to 14% of the employee's salary (salary here includes dearness allowance, if terms of employment so provide, but excludes other allowances and perquisites) for each employee in the tax year.
  • (1)(c): Contributions to an approved gratuity fund created by the assessee for exclusive benefit of employees under an irrevocable trust.
  • (1)(d): Irrespective of sub-section (2) (in the As Passed text), any provision made for making contribution towards an approved gratuity fund or for payment of any gratuity that has become payable during the tax year.
  • (1)(e): Employee contributions falling within section 2(49)(o) if credited to the employee's account in the relevant fund by the "due date"; "due date" is defined by reference to statutory, contractual or other obligations and the provisions of section 37 shall not be applied to determine the due date under this clause.

Sub-section (2) provides a general bar on deductions for "provision made for the payment of gratuity to the employees on their retirement or termination for any reason" but - in the As Passed text - is expressly made subject to (1)(d). Sub-section (2)(b) forbids double deduction: if a deduction under (1)(d) has been allowed for a provision, no deduction is allowed on actual payments made from such provision.

Interpretation

The As Passed wording indicates a legislative intent to clarify the relationship between provisions for gratuity recognised as deductible and the general prohibition on deductions for provisions. The explicit phrase "irrespective of anything contained in sub-section (2)" in (1)(d), together with the rephrasing of (2)(a) as "Subject to the provisions of sub-section (1)(d)," indicates that amounts falling squarely within (1)(d)'s scope are intended to be deductible despite the otherwise general rule disallowing provisions for gratuity. The text also shows an intent to prevent double deduction by disallowing deduction on actual payments when a deduction for the provision was already allowed (sub-section (2)(b)).

Exceptions/Provisos

Carve-outs and conditions expressly stated in the text:

  • Sub-section (1)(a) is subject to prescribed limits for recognition/approval and Board-specified conditions where contributions are not fixed annually.
  • The 14% cap in (1)(b) on pension scheme contributions and the specification of what constitutes "salary" for that purpose (includes dearness allowance only if the terms of employment so provide; excludes other allowances and perquisites).
  • (1)(e)(ii) defines "due date" by reference to statutory or contractual obligations and excludes reliance on section 37 to determine due date.
  • Sub-section (2)(b) prevents deduction both at the time of allowing a provision under (1)(d) and again on actual payment from that provision.

Illustrations

  • Example 1: An employer credits employee contributions to the recognised provident fund on the date required by statute. Under (1)(e), such credited employee contributions are deductible for the employer provided the crediting is done by the defined "due date." (Details of the statutory due date or record-keeping requirements: Not stated in the document.)
  • Example 2: An employer establishes an approved gratuity fund under an irrevocable trust and makes a provision during the tax year to meet a gratuity payment that has already become payable during that tax year. Under (1)(d) (as enacted), that provision is deductible "irrespective of" the general bar in (2). If the employer later disburses amounts from that provision, sub-section (2)(b) prevents a second deduction on the actual payment.

Interplay

The provision expressly interacts with section 2(49)(o) (referred to in (1)(e)) and section 37 (referred to in the definition of "due date" under (1)(e)(ii), where section 37 shall not be applied for determining the due date). No other Rules/Notifications/Circulars are mentioned in the text. Any further interplay with other provisions of the Income-tax Act (for example, detailed rules for recognition of funds, or compliance requirements under labour laws) is Not stated in the document.

Differences between the two versions and practical impact

Identified textual differences and their practical consequences:

  • Wording of sub-clause (1)(a)/(b)/(c)/(e): Minor editorial differences - "paid by way of contribution towards" (As Passed) vs "contribution paid to" (Old Version).
    • Practical impact: None substantive stated in the document; the differences are stylistic only.
  • Sub-clause (1)(d): As Passed inserts the phrase "irrespective of anything contained in sub-section (2)," before describing the provision allowed (provision made for making contribution towards approved gratuity fund or payment of any gratuity that has become payable during the tax year). In the Old Version the clause appears without that introductory qualification.
  • Sub-section (2)(a): Wording change is significant. Old Version: "For the purposes of sub-section (1)(d), no deduction shall be allowed for any provision made for the payment of gratuity to the employees on their retirement or termination for any reason;" As Passed: "(a) Subject to the provisions of sub-section (1)(d), no deduction shall be allowed for any provision made for the payment of gratuity to the employees on their retirement or termination for any reason;"
  • Net practical impact (as shown by the text): In the Old Version there is textual tension - (1)(d) permits "any provision made for the purpose of making contribution towards approved gratuity fund or for the purpose of payment of any gratuity that has become payable during the tax year" while (2)(a) appears to say for the purposes of (1)(d) no deduction shall be allowed for provisions made for gratuity on retirement/termination. The As Passed text resolves that tension by expressly making (1)(d) operate "irrespective of anything contained in sub-section (2)" and then qualifying (2)(a) as "Subject to the provisions of sub-section (1)(d)". The effect in the statutory text is to prioritise (1)(d): provisions described in (1)(d) are allowable notwithstanding the general prohibition in (2)(a). Practically, this clarifies that certain provisions - contributions towards an approved gratuity fund and payment of gratuity that has become payable during the tax year - are deductible despite the general rule disallowing deductions for provisions for gratuity on retirement/termination, but the remainder of (2)(a)'s prohibition continues to apply where (1)(d) does not cover the specific provision.
  • Other parts (sub-section (2)(b), sub-section (3), and definitions of "due date" cross-referencing section 37) are materially the same in both texts.
    • Practical impact: No change stated in the document for these clauses.

Practical Implications

  • Compliance and risk areas grounded in the text: Employers should ensure that contributions to recognised provident and approved superannuation funds comply with prescribed limits and Board-specified conditions where contributions are not fixed annually; failure to meet those conditions may jeopardise deductibility (prescribed limits and conditions: Not stated in the document).
  • For pension contributions u/s 124, the 14% ceiling and the specific construction of "salary" (inclusion of dearness allowance only if terms of employment so provide; exclusion of other allowances) create a compliance threshold; documents or employment terms evidencing inclusion of dearness allowance will be material (specific record requirements: Not stated in the document).
  • The As Passed clarification around (1)(d)/(2)(a) reduces ambiguity about whether provisions for gratuity may be deductible: certain provisions and payments that have become payable during the tax year fall within deductible categories despite the general prohibition-employers must track whether a deduction has already been taken on a provision to avoid double deduction on actual payment (sub-section (2)(b)).
  • Record-keeping/evidence: Employers should maintain documentation evidencing (i) recognition/approval status of funds, (ii) prescribed limits and Board conditions satisfaction, (iii) terms of employment showing inclusion/exclusion of dearness allowance, (iv) dates when employee contributions were credited (to establish the "due date"), and (v) accounting entries showing whether a deduction was taken on a provision versus on actual payment. (The specific form or period for retention of records: Not stated in the document.)

Key Takeaways

  • Section/Clause 29 lists specific employer-related employee-welfare deductions permissible against business income u/s 26.
  • Main deductible categories: recognised provident funds/approved superannuation funds, pension scheme contributions (subject to 14%), approved gratuity funds under irrevocable trust, certain provisions for gratuity and credited employee contributions.
  • The As Passed wording expressly prioritises the deductible provisions in (1)(d) over the general prohibition in sub-section (2), resolving a textual conflict present in the Old Version.
  • Double deduction is prevented: if deduction is allowed for a provision under (1)(d), no deduction is allowed on actual payments from that provision (sub-section (2)(b)).
  • Definitions and procedural specifics (prescribed limits, Board-specified conditions, details for determining due date beyond the textual cross-reference) are not set out in the document and will require reference to rules or notifications not contained here.

Full Text:

Section 29 Deductions related to employee welfare.

Topics

Acts Income Tax