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Case Laws GST
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Non-business construction concessions for spinning mills require eligible recipient status and predominantly non-industrial use of the constructed buildings.
For the disputed period, the works-contract concession required both an eligible governmental recipient and structures predominantly meant for use other than commerce, industry, business or profession. Government Entity status required evidence of the recipient's constitution and qualifying governmental participation, while procurement had to relate to entrusted work. Project funding, tender approval and supervision did not by themselves establish governmental constitution or control. The spinning-mill factory buildings and allied works were intended for yarn production and related commercial activities. The residual construction-services entry carried aggregate GST of 18% for services outside the specified concessional entries.
Case Laws Customs
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Import document handling alone does not establish customs abetment or knowing use of materially false declarations.
Personal customs penalties depend on the person's own conduct, not merely on the confiscability of imported goods. Under Section 112(a) of the Customs Act, 1962, liability may arise from a person's own act or omission rendering goods liable to confiscation or from abetment of such conduct. The direct limb can operate on a strict-liability basis where a person's own act or omission renders goods confiscable; an allegation of abetment instead requires evidence of participation or culpable facilitation. Section 114AA requires knowing or intentional making, signing or use, or causing the making, signing or use, of a declaration, statement or document that is materially false or incorrect in customs business.
Case Laws GST
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Subcontracted services performed on own account are not intermediary services merely because they support overseas recruitment and customer-facing activities.
Intermediary classification under Section 2(13) of the IGST Act distinguishes arranging or facilitating supplies between other persons from supplying services on one's own account. The intermediary framework requires at least three parties, a main supply and a distinct ancillary facilitating supply, with conduct resembling that of a broker or agent. Subcontracting the whole or part of a service is not intermediary activity merely because performance supports another supplier's business or involves its customers. Neither a bilateral agreement, contractual label nor remuneration method is conclusive.
Case Laws Customs
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Split air conditioner classification requires capacity and refrigeration features to be assessed against the applicable tariff hierarchy.
Classification of ductless split air conditioners depends on the complete tariff description and the machine's technical characteristics. A complete, cooling-only, two-ton split air conditioner incorporating a refrigerating unit and lacking a heat-reversal valve falls within tariff item 8415 82 10 rather than the general split-system item 8415 10 10. Item 8415 82 10 inherits its parent subheading's refrigerating-unit requirement, while item 8415 83 10 requires the absence of such a unit. Capacity alone does not establish the applicable refrigeration-based entry. Technical evidence should establish whether the goods are a complete machine and identify their capacity and operating features.
Case Laws Income Tax
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Convertible debenture interest requires evidence-based pricing before conversion; future equity conversion alone cannot establish a nil arm's length price.
Pre-conversion interest on compulsorily convertible debentures (CCDs) issued to a non-resident associated enterprise requires arm's length pricing. Compulsory future conversion and hybrid classification do not, by themselves, establish a nil price or extinguish an existing coupon obligation. Rule 10AB's Other Method requires a price charged, paid or expected in comparable uncontrolled circumstances, with reasonably accurate adjustments for material differences under Rule 10B. Currency, benchmark date, tenure, credit risk, security, non-redemption and conversion benefits affect comparability; a conventional bank lending rate is not automatically comparable to a long-tenor CCD.
Case Laws Customs
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Split motorcycle consignments require evidence of deliberate fragmentation for composite classification, with valuation assessed independently of classification.
Clubbing of split consignments for customs classification depends on proof that apparently separate imports form one deliberately fragmented transaction, not merely on the possibility of assembly. Rule 2(a) extends a tariff heading to an incomplete article possessing the essential character of the complete article and also covers a complete article presented disassembled. A change of tariff heading alone does not establish that the transaction value is inaccurate; substantive misdescription of the goods requires separate evidentiary consideration. Replacement value must follow the prescribed sequence of methods.
Case Laws GST
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Corporate guarantee taxation depends on distinguishing taxable supply from valuation, particularly for unpaid support between related businesses.
GST on corporate guarantees requires separate consideration of whether a taxable supply exists and how that supply is valued. Section 7(1)(c) and Schedule I encompass qualifying supplies between related or distinct persons without consideration when made in the course or furtherance of business. Rule 28(2) deems the value of a guarantee furnished to a banking company or financial institution for a related recipient in India to be one per cent of the guaranteed amount per annum or actual consideration, whichever is higher. Where the recipient is eligible for full input tax credit, the proviso treats the value declared in the invoice as the value of the supply.
Case Laws Income Tax
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Employee secondment taxation depends on employment rights, service consideration and demonstrable transfer of technical capability to host entities.
Local operational control and a stated suspension of foreign employment do not, by themselves, resolve whether underlying foreign employment rights survive. Under Article 12(4)(b) of the India-USA DTAA, technical or consultancy services must make technical knowledge, experience, skill, know-how or processes available, or involve development and transfer of a technical plan or design. Under the knowledge-transfer limb, the recipient must acquire a capability it can use independently; the mere application of expertise or presence of qualified personnel is insufficient. Recovery at actual cost and absence of markup do not, by themselves, establish that a foreign enterprise's receipt is non-taxable.
Case Laws GST
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GST appellate pre-deposits may be satisfied by verified earlier payments after demand reduction, but filing fees remain independently payable.
When the first appellate authority substantially reduces the disputed tax demand, an earlier deposit may be sufficient to satisfy the Tribunal-stage requirement, subject to verification. Sufficiency depends on the reduced liability, the applicable appellate requirements and the amount actually deposited; a first appellate payment does not automatically eliminate the additional obligation. Tribunal filing fees under Section 112(7) operate independently of pre-deposit. Where a fee shortfall and earlier deposit require verification, proof of fee payment and verification of the deposit precede consideration of admission.
Case Laws Income Tax
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Inter-co-operative society interest exemption preserves non-deduction by co-operative banks when depositors are co-operative societies under the statutory withholding framework.
Section 194A(3)(v) separately addresses interest paid by a co-operative bank to a member and interest paid by a co-operative society to another co-operative society. The exclusion of co-operative banks is confined to the member-payment limb; a co-operative bank remains a co-operative society for the inter-co-operative society limb. Paragraph 42.7 of Circular No. 19/2015 preserves non-deduction, including time-deposit interest, where the depositor is a co-operative society. Section 80P does not determine this withholding obligation.
Case Laws GST
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Input tax credit reversal requires evidence linking supplier non-payment to recipient ineligibility and a reasoned statutory inquiry.
Input tax credit under Section 16(2)(c) remains conditional on actual payment of tax to Government, but supplier non-payment or retrospective cancellation cannot by itself justify reversal. The recipient must establish eligibility through transactional evidence, while the proper officer must investigate the particular supply, disclose supplier-default and recovery material, apply the law applicable to the relevant period, and issue a reasoned, notice-bound determination. Supplier recovery status and protection against duplicate collection are material considerations.
Case Laws Customs
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Baggage-related customs appeals proceed through statutory revision when the jurisdictional exclusion applies to passenger imports.
The first proviso to section 129A(1) excludes Appellate Tribunal jurisdiction over an order under section 128A relating to goods imported or exported as baggage. The decisive issue is the order's connection with baggage, not disputes concerning confiscation, declaration, duty, personal effects, concealment, concession, or penalty. Articles carried by an international passenger in luggage or on the person may constitute baggage. Section 129DD provides revision before the Central Government, ordinarily within three months, subject to a further period on sufficient cause.
Case Laws GST
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Departmental GST appeal monetary limits regulate officers, while composite orders and proven recurring issues may permit appeals.
Sections 120 and 168 of the Central Goods and Services Tax Act, 2017 make monetary-limit directions binding within the Central tax hierarchy, while they regulate the executive decision to file rather than create an inflexible jurisdictional bar before the Tribunal. In a composite order disposing of multiple appeals or demand notices, the relevant amount is the total disputed tax, interest, penalty or late fee, as applicable. The recurring or interpretative-issue exclusion requires a reasoned, case-specific basis, and Commissioner authorisation does not itself establish compliance with the litigation policy.
Case Laws GST
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E-way bill re-use allegations require corroborated proof identifying the same goods; vehicle movement alone cannot establish contravention.
Alleged re-use of invoices and e-way bills requires the seizing authority to establish through positive, corroborated evidence that the intercepted goods are the same consignment previously transported under those documents. Toll data, vehicle movements and photographs may justify inquiry but do not alone prove prior delivery, identity of goods or re-use. Where invoices and e-way bills accompany the goods and physical verification shows no discrepancy, the authority must investigate and address any explanation of a different earlier consignment. Cases involving absent or expired transport documents remain factually distinct.
Case Laws GST
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Zero-rated supply turnover includes export invoices from the refund period when actual export is subsequently established under bond or LUT.
Under Rule 89(4), invoice values for goods invoiced before or at removal for export under bond or Letter of Undertaking may be included in zero-rated turnover for the relevant refund period, although physical export occurs later. The invoice and removal determine period-wise attribution for the refund formula, while actual export remains essential to sustain the claim. Shipping bills, bills of export and related export records must correlate with the export invoices to establish that the goods were ultimately exported. Compliance with valuation, input tax credit eligibility and bond or Letter of Undertaking conditions remains necessary.
Case Laws Income Tax
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Reassessment objections require speaking disposal and a four-week pause before scrutiny or information requests can begin.
Under the pre-amendment Section 148 framework, reassessment jurisdiction must be resolved before merits-stage scrutiny begins. The Assessing Officer must furnish recorded reasons when requested, permit objections, and decide them through a separate speaking order. A Section 143(2) notice commences scrutiny, while a Section 142(1) notice is a substantive inquiry step; neither may issue before objections are decided. Following rejection, a four-week period from service of the speaking order must be allowed before further reassessment action, preserving an effective opportunity to challenge reopening.
Case Laws GST
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Suppression of facts requires proof of deliberate tax evasion; ineligible input tax credit alone cannot support enhanced proceedings.
Section 74 permits enhanced tax determination for wrongly availed or utilised input tax credit only where fraud, wilful misstatement, or suppression of facts to evade tax is established. Wrong or ineligible credit is distinct from substantive credit eligibility and cannot, without evidence of deliberate conduct and intent, amount to suppression. Under historical Explanation 2, suppression required either omitted information legally required in prescribed filings or failure to provide information sought in writing; both operate subject to the statutory evasion requirement. Disclosed reconciliations and portal records materially weaken a bare allegation of non-declaration.
Case Laws Customs
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Organic surface-active agent classification requires water solubility and stability; phase-separating low-ethoxylated products fall outside Heading 3402.
Classification of low-ethoxylated non-ionic fatty alcohol ethoxylates under Heading 3402 requires satisfaction of the cumulative water test in Chapter Note 3. At the prescribed concentration, temperature, and standing period, the product must both remain a transparent or translucent liquid, or stable emulsion, without phase separation and reduce water surface tension to the stated threshold. Non-ionic character or surface activity alone is insufficient. Where a low-ethoxylated product separates into layers and fails the solubility and stability requirement, Heading 3824 may be considered after exclusion from Heading 3402.
Case Laws Customs
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Lawful customs seizure requires recorded confiscation grounds, formal restraint where needed, and timely notice; detention cannot bypass safeguards.
Customs seizure of an imported car requires recorded reason to believe that it is liable to confiscation. A panchnama restraint cannot replace a lawful seizure order, an undertaking where seized goods remain in custody, or a served non-dealing order where seizure is impracticable. Section 110(2) requires prompt notice under Section 124, subject only to the prescribed extension mechanism. Prolonged effective detention cannot postpone those safeguards. Provisional release under Section 110A applies only to goods lawfully seized and cannot validate an earlier detention without statutory authority.
Case Laws Companies Law
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Corporate veil-piercing permits forensic scrutiny in execution where promoter-controlled entities may dissipate shareholding despite judicial assurances.
Corporate veil-piercing in execution is an exceptional response where promoters allegedly use layered entities and securities transactions to deplete shareholding represented as security through judicial assurances. Separate personality remains the rule, and control or ownership alone does not suffice; there must be a nexus between control, misuse of the corporate form, and frustration of enforcement. A forensic audit reconstructs share movements, pledges, sales, financing, approvals, disclosures, and fund flows, distinguishing legitimate enforcement of pre-existing security from coordinated asset dissipation.

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Comparison of Section 33 "Deduction for depreciation" 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 33 Deduction for depreciation.

Income-tax Act, 2025 [As Passed]

Statutory Provision Mode

Text & Scope

Clause 33 of the Income Tax Bill, 2025 (Old Version) provides for deduction in respect of depreciation for assets used in the business or profession. It covers both tangible assets (buildings, machinery, plant, furniture) and intangible assets (know-how, patents, copyrights, trademarks, licences, franchises or similar business/commercial rights), expressly excluding goodwill. The deduction applies to assets "owned wholly or partly by the assessee and used wholly and exclusively for the purposes of the business or profession." The clause sets out special rules for undertakings engaged in generation or generation and distribution of power, rules for blocks of assets, proportionate restriction where assets are partly used, limits when actual cost is allowed u/s 54, a 50% restriction for assets acquired and used for less than 180 days during the tax year, treatment in cases of succession/amalgamation/demerger, leasehold improvements, additional deduction for new machinery/plant in certain businesses, allowance on shortfall between WDV and sale/scrap proceeds, carry-forward of disallowed depreciation, and definitions including "assets," "know-how" and "sold."

Interpretation

The clause employs common tax-law constructs: depreciation allowances are determined at prescribed percentages (for blocks and for certain power undertakings), pro rata allocation where assets move between related entities, and ceilings when assets are used for part of a year. Legislative intent, as expressed, is to allow systematic write-downs on capital assets used in business, while providing enhanced incentives (additional deduction) for acquisition and installation of qualifying new plant and machinery used in manufacturing or power businesses. The Bill treats depreciation as a statutory deduction determined by prescribed rates and subject to limiting conditions (usage, prior allowances, reorganisation rules). No extrinsic legislative history or purpose beyond the text is stated in the document.

Exceptions/Provisos

The text contains several carve-outs and conditions:

  • Intangible assets: Goodwill is excluded from depreciation.
  • Section 54 interaction: Where deduction of actual cost for machinery/plant is allowed u/s 54, no deduction under Clause 33(3)(c) is allowed.
  • Short-use restriction: Where an asset is acquired and put to use for less than 180 days in the tax year, the general deduction rate is halved (50% restriction) as detailed in sub-section (4).
  • Additional deduction for new machinery/plant is subject to multiple conditions, including nature of business (manufacturing/production or power), first use by the assessee, non-use by any other person earlier, not being ship/aircraft/office appliances/road transport vehicle/office premises/residential accommodation, and not being of a class where whole cost is fully deductible.
  • Where profits before depreciation are less than allowable depreciation, the deduction is limited (no deduction if profits are a loss); unallowed amounts are carried forward to succeeding years with specified deemed treatment.

Illustrations

  • Example 1: A manufacturing assessee purchases and installs qualifying new machinery on 1 July in the tax year and uses it wholly in the trade. If used for >180 days that year, the assessee is entitled to normal depreciation at prescribed rate plus an additional deduction equal to 20% of actual cost in the year of acquisition (subject to all qualifying conditions being met).
  • Example 2: A company acquires a building in October and it is used for business for less than 180 days in that tax year. Depreciation allowed for that year is limited to 50% of the prescribed rate applicable to such asset.
  • Example 3: On amalgamation, the aggregate depreciation claim by amalgamating and amalgamated company is to be allowed on a pro rata basis based on days of use by each; in this Bill text the allowable deduction calculated at prescribed rates "shall be allowed on pro rata basis."

Interplay

Clause 33 cross-references other statutory provisions: section 54 (for exclusion where actual cost deduction already allowed), section 70(1)(zd)/(ze)/(zf) and section 313 (for successions), and section 41(1) (for definition of written down value - parenthesis references a table entry). It also subjects the carry-forward rule to sections 112(3) and 113(4). No Rules or Notifications are expressly referenced in the Old Version beyond these section cross-references. Any interaction with tax rates "as prescribed" indicates subordinate legislation or rules will determine percentages; those prescriptions are not contained in the Bill text.

Differences between Section 33 of the Income-tax Act, 2025 [As Passed] and Clause 33 of the Income Tax Bill, 2025 (Old Version)

  • Wording and Terminology: The As Passed version (Section 33) uses the phrase "Deduction for depreciation" and repeatedly refers to "deduction" throughout. The Old Version (Clause 33) alternates between "deduction" and the term "depreciation" in provisions (e.g., sub-sections (2), (3)(a), (10), (11)).
    • Practical impact: Possible drafting inconsistency in the Bill that may affect interpretation of whether a provision addresses the allowable deduction or the accounting concept of depreciation; the As Passed text standardises on "deduction."
  • Scope of assets in sub-section (1)(b): Clause 33 (Old Version) omits the specific temporal phrase present in Section 33 (As Passed) that the intangible assets are "acquired on or after the 1st April, 1998."
    • Practical impact: The As Passed text narrows the applicability of depreciation deduction for intangibles to those acquired on or after 1 April 1998; the Bill's Old Version (by omission) would read more broadly unless another provision elsewhere limits it. This is a material substantive change if the omission in the Bill were retained.
  • Sub-section cross-references and coverage in clause (3)/(4): In the Old Version, sub-section (4) restricts the deduction when asset is referred to in "sub-sections (1), (2) and (8)." In the As Passed version, sub-section (4) restricts the deduction if such asset is "being asset referred to in sub-sections (2) and (3)."
    • Practical impact: The set of assets qualifying for the 50% restriction differs between the drafts. The Bill would have applied limitation additionally to assets in sub-section (1) and (8); the As Passed version applies it to assets under (2) and (3). This changes which new/particular categories (e.g., new plant under (8)) get the half-rate limitation when used <180 days or acquired in the year.
  • Proviso on block of assets wording: Clause 33(3)(b) refers to "any asset forming part of the block of assets" and restricts "deduction allowable" to proportionate part determined by AO. In Section 33(3)(b) the As Passed text refers to "when any building, machinery, plant or furniture is partly, or not wholly and exclusively, used... the deduction under clause (a) shall be restricted to the fair proportionate part thereof as determined by the Assessing Officer."
    • Practical impact: As Passed emphasizes particular tangible asset categories, whereas the Bill language is broader (any asset forming part of block). Possible interpretive impact on whether intangible assets in block could be subject to the same proportionate restriction under Clause 33 Bill language; As Passed confines it to tangible categories listed.
  • Succession/amalgamation/demerger aggregation rule (sub-section (5)): The As Passed text caps aggregate deduction for predecessor and successor (or amalgamating / amalgamated etc.) not to exceed deduction calculated at prescribed rates "as if the succession, amalgamation or demerger had not taken place," and specifies pro rata allocation. The Old Version states the allowable deduction calculated at prescribed rates "shall be allowed on pro rata basis" and lists the parties.
    • Practical impact: The As Passed expressly places a ceiling (shall not exceed) the deduction calculated as if reorganisation had not occurred; the Bill reads as an entitlement but lacks the explicit "shall not exceed" ceiling language. This may affect aggregate deduction in reorganisations - the As Passed expressly prevents duplication of full deductions among entities post-reorganisation.
  • Sub-section numbering and structural variations (sub-section 8-11): The Old Version uses different sequencing and slightly different phrasing for the additional deduction for new machinery (sub-section (8) and (9)) and the carry-forward rules for unallowed depreciation (sub-section (11)). The As Passed consolidates and clarifies some conditions (for example, additional deduction prohibitions list in (8)(d) differs in ordering and phrasing).
    • Practical impact: Differences are largely drafting refinements but could change scope: for instance, As Passed explicitly excludes assets "on which the whole of the actual cost is allowed as a deduction" (wording differs marginally from Old Version clause (8)(v)).
  • Definitions and cross-references (sub-section (12) and related): Clause 33(12)(d) in Old Version defines "written down value of the block of assets" with a parenthetical "(Table: Sl. No. 3)" appended to section 41(1). The As Passed references section 41(1)(c) instead.
    • Practical impact: Different cross-reference points in section 41 may alter the technical definition relied upon; this affects the computation base for written down value. The As Passed uses clause (c) whereas the Bill pointed to a table entry - potentially reconcilable but notable for practitioners verifying the exact definition source.
  • Minor drafting and consistency changes: Several clauses in the Old Version include slightly different sequencing of sub-clauses and different connective words (e.g., "further sum in addition" vs. "additional deduction," "money payable" vs. "moneys payable") whereas the As Passed uses more formalised terms.
    • Practical impact: Mostly interpretive clarity and internal consistency; the As Passed tends to be more precise in limiting and defining scope.

Practical Implications

  • Compliance and risk areas: Taxpayers must track date-of-acquisition and days of use in the tax year (to ascertain applicability of 50% restriction and staged additional deduction). They must ensure whether machinery/plant has attracted any deduction u/s 54 to avoid double claims. In reorganisations, careful apportionment and proof of days of use will be required to claim pro rata depreciation.
  • Record-keeping/evidence: Maintain acquisition invoices, installation records, first-use certificates, books evidencing write-offs, lease agreements and details of capital expenditure on leasehold/improvements, and records showing whether an asset was used previously by another person (for additional deduction eligibility).

Key Takeaways

  • Clause 33 provides detailed statutory rules for depreciation deductions on tangible and intangible assets used in business, excluding goodwill.
  • Special provisions apply to power-generation undertakings, blocks of assets, short-period use (<180 days) and newly acquired plant and machinery.
  • Additional deduction (20% or 10%) is available for qualifying new machinery/plant subject to several conditions intended to target manufacturing and power businesses.
  • Reorganisation events (succession, amalgamation, demerger) require pro rata allocation of depreciation between entities; the Bill text frames the pro rata allowance but differs in ceiling language from the As Passed text.
  • Carry-forward rules limit immediate claim where profits are insufficient, with unallowed amounts added and treated as depreciation in succeeding years subject to other sections.
  • Definitions of "assets," "know-how" and "sold" are specified; "written down value" is cross-referenced to section 41(1) (table reference in the Bill).
  • Prescribed rates determine many computations; absence of those prescriptions in the Bill requires reference to rules/regulations once issued.

Full Text:

Section 33 Deduction for depreciation.

Topics

Acts Income Tax