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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 46 "Capital expenditure of specified business" between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

26 August, 2025

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Section 46 Capital expenditure of specified business.

Income-tax Act, 2025

At a Glance

Clause 46 (old version) of the Income Tax Bill, 2025 is the proposed provision for immediate deduction of capital expenditure incurred for specified businesses. It sets out eligibility conditions, anti-avoidance safeguards, a list of qualifying businesses with effective commencement dates, and restrictions on subsequent use and alternative deductions. This provision primarily affects taxpayers carrying on the listed specified businesses, and interacts with other deduction provisions and procedural sections (as cross-referenced). Effective dates for different businesses are specified in the Table.

Background & Scope

This clause is framed under the head "Profits and gains of business or profession" and proposes a statutory allowance for the entire capital expenditure incurred "wholly and exclusively" for specified businesses in the tax year in which such expenditure is incurred (sub-sections (1) and (2)). The clause covers pre-commencement capitalisation (allowed in the year of commencement) and enumerates conditions to curb misuse (sub-section (3)). Definitions relevant to the clause are provided in sub-section (11), including "associated person", "cold chain facility", "infrastructure facility" (by reference to the Explanation to section 80-IA(4)), and a detailed list of "specified business" activities. The clause also prescribes restrictions on claiming other deductions and sets usage and recapture provisions (sub-sections (4)-(10)).

Statutory Provision Mode

Text & Scope

Coverage: The clause permits an assessee, at his option, to claim a deduction of the whole capital expenditure incurred wholly and exclusively for purposes of any specified business during the tax year in which the expenditure is incurred (sub-section (1)). If such expenditure is incurred before commencement and capitalised in books as on commencement date, the deduction is allowed in the tax year business commences (sub-section (2)).

Scope: Applies only to businesses listed as "specified business" in sub-section (11)(d) and subject to conditions in sub-section (3). A table (sub-section (6)) prescribes specific commencement dates for applicability across different business types.

Interpretation

The text contemplates a liberal timing rule for capital expenditure - immediate full deduction - but tempers it with conditions to prevent splitting/reconstruction and transfers of previously used machinery. Where specified, ownership and approvals (e.g., regulatory board notifications/approvals) are prerequisites. The provision authorises recapture where assets cease to be used for the specified business within eight years. The reference to "at his option" indicates a taxpayer elective regime (taxpayer may choose to claim the deduction in the relevant year).

Exceptions/Provisos

Key carve-outs and conditions:

  • Not applicable if business is set up by splitting up or reconstruction of an existing business (sub-section (3)(a)).
  • Not applicable to businesses set up by transfer of machinery or plant previously used for any purpose (sub-section (3)(b)), with a limited de minimis exception if transferred machinery value does not exceed 20% of total (sub-section (11)(f)).
  • For certain pipeline businesses and infrastructure projects, additional ownership, approval and common-carrier capacity conditions apply (sub-section (3)(c) and (d)).
  • Where deduction under sub-section (1) is claimed and allowed, no deduction shall be allowed u/s 144 and Chapter VIII-C for the same or any other tax year (sub-section (4)).
  • Assets on which deduction is claimed must be used solely for the specified business for eight years; if used otherwise (and not chargeable u/s 26(2)(k)), recapture makes the earlier deductions taxable after reducing allowed depreciation (sub-section (9)).
  • Expenditure by cash above ten thousand rupees in a day (unless through specified banking or online mode) and acquisition of land, goodwill or financial instruments are excluded from "expenditure of capital nature" for this purpose (sub-section (11)(g)).

Illustrations

  • Example 1: A company sets up a new hotel (two-star or above) commencing operations on 1st April, 2011 and incurs capital expenditure wholly and exclusively for the hotel in that tax year. If conditions in sub-section (3) are met, the company may, at its option, claim full deduction of that capital expenditure in the tax year of incurrence (or where pre-commencement and capitalised, in year of commencement). (Consistent with sub-sections (1), (2), and Table entry 2.)

  • Example 2: An assessee imports a plant that was never used in India and claims capital expenditure deduction for setting up a wafer fabrication unit notified by the Board. Provided no depreciation had been allowed previously for that plant and other conditions are satisfied, the machinery will not be treated as "previously used" for the purpose of sub-section (3)(b) (sub-section (11)(e)).

  • Example 3: A taxpayer claims deduction under sub-section (1) for a sugar warehousing facility, then uses the asset for a different non-specified purpose in year 5. If the alternative use is not chargeable u/s 26(2)(k), recapture rules in sub-section (9)(b) make earlier deductions taxable after adjusting depreciation as if no deduction under this section was allowed.

Interplay

The clause expressly displaces certain other deductions for the same expenditure (section 144 and Chapter VIII-C). It ties the definition of "infrastructure facility" to section 80-IA(4) Explanation, thereby importing interpretative linkages with that provision. Procedural or evidentiary measures "so far as may be" apply from other sections (122(6); 138(18) and (23) as per the Bill), creating procedural interplay. The recapture mechanism refers to section 33 (depreciation computation) and section 26(2)(k) (chargeability of income), indicating cross-references to general tax provisions for computation and chargeability.

Differences Between Section 46 of the Income-tax Act, 2025 and Clause 46 of the Income Tax Bill, 2025 - (old version)

  • Clause (4) - Cross-reference to other deductions: Document 1 (Act) excludes only Chapter VIII-C if deduction under sub-section (1) is claimed and allowed; Document 2 (Bill, old) excludes both section 144 and Chapter VIII-C.
    • Practical impact: The Bill would have blocked a further specific deduction u/s 144 (if applicable) in addition to Chapter VIII-C; the enacted Act narrows the prohibition, potentially allowing relief u/s 144 where otherwise barred under the Bill.
  • Section cross-references in sub-section (8): Document 1 (Act) refers to the provisions contained in sections 122(6) and 140(8) and (13); Document 2 (Bill, old) refers to sections 122(6) and 138(18) and (23).
    • Practical impact: Different procedural or evidentiary provisions would apply depending on which sections are referenced; the change in numbering alters the procedural regime said to apply "so far as may be" to this section. The practical effect depends on substantive content of the referenced sections (not reproduced here).
  • Definition of "infrastructure facility": Document 1 supplies an explicit list (roads, highways, water projects, ports, airports, etc.). Document 2 adopts the meaning assigned in the Explanation to section 80-IA(4) of the Income-tax Act, 1961.
    • Practical impact: The Bill ties the definition to an external, possibly broader or differently worded, statutory explanation; this may create reliance on section 80-IA(4) jurisprudence and any changes thereto, producing potential interpretive divergence from a self-contained list.
  • Table entries - notification/guidelines wording: Several entries differ in phrasing. Document 1 uses "notified by the Board in this behalf in accordance with the guidelines as may be prescribed" or "which is notified by the Board in this behalf in accordance with the guidelines as may be prescribed"; Document 2 uses variants such as "as notified by the Board, as per the guidelines as notified by the Board" or "as per the guidelines notified by the Board."
    • Practical impact: Minor drafting differences likely intended to clarify who notifies and whose guidelines apply; in practice they may change administrative steps for notification or guidance but are largely textual refinements.
  • Semiconductor entry wording: Document 1: "which is notified by the Board in this behalf in accordance with the guidelines as may be prescribed." Document 2: "as notified by the Board, and as per such guidelines as notified by the Board."
    • Practical impact: Document 2 explicitly references both notification and guidelines as notified by the Board; effect is administrative - centralises authority with the Board for both notification and guidelines.
  • Wording of sub-section (3) introductory phrase: Document 1: "fulfilling all of the following conditions:-" Document 2: "fulfilling the following conditions:-"
    • Practical impact: Purely stylistic with no substantive effect apparent from the texts provided.
  • Minor drafting differences (numerical expression): Document 1 states the monetary threshold as "Rs. 10000 rupees"; Document 2 states "ten thousand rupees" (and in one place "ten thousand rupees" spelled out).
    • Practical impact: No substantive difference; only drafting form.
  • Sub-section (9)(b) wording: Document 1 states the proviso shall be "deemed to be the income chargeable under the head 'Profits and gains of business or profession' of the tax year" whereas Document 2 omits the phrase "shall be deemed to be" and states "shall be the income chargeable under the head..."
    • Practical impact: Largely stylistic; both produce the same legal outcome that the recaptured amount is taxable under business income.

Practical Implications

  • Compliance and risk areas: Taxpayers must ensure the business is not a reconstruction or splitting of an existing enterprise and that machinery previously used is not transferred to the specified business (with the 20% de minimis exception). Where regulatory approvals or Board notifications/guidelines are prerequisites (e.g., pipelines, semiconductor units), taxpayers must maintain documentary evidence of ownership, approvals, notifications and common-carrier capacity commitments where applicable.
  • Record-keeping/evidence points: Capital expenditure capitalised pre-commencement must be reflected in books at commencement date; records of specified banking/online mode payments for capital items to satisfy sub-section (11)(g)(i) are necessary; agreements with government/statutory bodies and Board approvals should be retained; evidence to show continuous use for eight years (or exceptions) is required to avoid recapture.

Key Takeaways

  • Clause 46 (old Bill) permits an elective full immediate deduction of capital expenditure for enumerated specified businesses, subject to conditions.
  • Eligibility is constrained by anti-avoidance thresholds: no splitting/reconstruction, no transfer of previously used machinery (except limited 20% exception), and procedural/ownership/approval requirements for certain sectors.
  • Where claimed, the deduction excludes certain other statutory deductions (explicitly section 144 and Chapter VIII-C) for the same expenditure.
  • Assets benefiting from the deduction must be used solely for the specified business for eight years; otherwise recapture applies, computed after reducing allowable depreciation.
  • Definitions are partly self-contained and partly by reference (notably "infrastructure facility" linked to section 80-IA(4) Explanation), creating interpretive dependencies.
  • Cash payment limits and exclusions (land, goodwill, financial instruments) narrow the scope of capital expenditure eligible for immediate deduction.
  • Taxpayers must maintain robust documentary evidence of approvals, notifications, bank/online payments, ownership and continuous use to substantiate claims and avoid recapture.

 


Full Text:

Section 46 Capital expenditure of specified business.

Topics

Acts Income Tax