Loading...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search ✕
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
╳
Add to...
You have not created any category. Kindly create one to bookmark this item!
✕
Create New Category
Hide
Title :
Description :
❮❮ Hide
❮ Default View
Expand ❯❯
Close ✕
🔎 Filters / Advanced Search ❯
TEXT

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In
Main Text + AI Text ❯
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws---- ❯
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ---- ❯
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    Case Laws Income Tax
    Taxation of International Consulting Services: Navigating the Complexities
    Case Laws Income Tax
    Examining the Eligibility of Credit Co-operative Societies for Deduction on Interest from Co-operati...
    Case Laws Income Tax
    Draft Assessment Order Regime: Navigating the Multi-tiered Assessment Process and Distinct Nature of...
    Case Laws Income Tax
    Judicial Scrutiny of Section 14A Amendment: Retrospective or Prospective Effect?
    Case Laws Income Tax
    Tax on Royalties: Navigating the Interplay between Domestic Tax Laws and Double Taxation Avoidance A...
    Case Laws Income Tax
    Validity of Assessment u/s 153C: Reckoning the Limitation Period
    Case Laws Income Tax
    Interpreting 'Initiation' of Penalty Action u/s 275(1)(c): Period of Limitation
    Case Laws Income Tax
    Faceless Assessment: Decoding the Exemptions for International Tax Charges
    Case Laws Income Tax
    Decoding the Interplay of Sections 153A and 153C in Search Assessments: Limitation and Reassessment ...
    Case Laws Income Tax
    Income Tax Case Transfers: Place of Business vs. Registered Office: Determining the Appropriate Juri...
    Case Laws Income Tax
    Validity of Writ Petitions and Section 153C Proceedings: Examining the High Court Judgment
    Case Laws Income Tax
    Interpreting Time Limits for 80G Registration for Charitable Institutions: Avoiding Absurdity in the...
    Case Laws Income Tax
    Interplay between the provisions of Section 153C and Section 147: Limits on Automatic Reassessment i...
    Case Laws Income Tax
    Equity and Justice in Tax Matters: Condonation of Bona Fide Delays
    Case Laws Income Tax
    Embracing Equity in Tax Laws: Recognizing Genuine Difficulties in Condonation of Delays in filing of...
    Case Laws Income Tax
    Real Income Taxation: Avoiding Double Disallowance of Wages and Salaries Payable
    Case Laws Income Tax
    Jurisdictional Prerequisites for Initiating Reassessment u/s 148: Non-Depoist of TDS by the Employer
    Case Laws Income Tax
    Revisiting the Scope of "Record" u/s 263: Embracing Subsequent Records
    Case Laws Income Tax
    Interpreting "Record": Revisiting the Scope of Revision Powers u/s 264 and Rectification of Mistake ...
    Case Laws Income Tax
    Supreme Court Upholds Validity of Re-Assessment Notices Issued During COVID-19 Lockdown
❮
❯
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Notes
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
Case Laws Income Tax
Show AI Summary
Make available requirement for technical services prevents taxation where consultancy did not transfer technical knowledge, preserving source-based taxation.
The fees did not qualify as Fees for Technical Services because the make available condition-requiring transfer, transmission or enablement of technical knowledge-was not met; the domestic exception for services utilized to earn income from a source outside India applied since the services related to tournaments held abroad, and income attributable to any Service Permanent Establishment is taxable under the DTAA business profits regime.
Case Laws Income Tax
Show AI Summary
Deductibility under Section 80P(2)(d): interest from co operative bank deposits may qualify if linked to primary co operative activity.
Interest earned by credit co-operative societies from deposits with co-operative banks is examined for eligibility under Section 80P(2)(d), focusing on whether such receipts bear the requisite nexus to the societies' primary credit-providing activities and on the statutory meaning of co-operative bank as interpreted in judicial precedents that have largely favoured allowance of the deduction.
Case Laws Income Tax
Show AI Summary
Mandatory Draft Assessment Order under Section 144C preserves DRP review and invalidates final assessments issued without it.
Section 144C establishes a self-contained, multi-tiered assessment regime for international-transaction assessees in which the Dispute Resolution Panel exercises independent, enhanced review distinct from Section 144B. Framing the draft assessment order is an integral statutory step that preserves the assessee's right to challenge proposed findings; omission of that draft-stage procedure is therefore a substantive breach of the Section 144C code rather than a mere procedural irregularity. Remand under Section 153(6) does not revive assessments once the limitation periods in sub-sections (3) and (4) of Section 153 have expired.
Case Laws Income Tax
Show AI Summary
Prospective application of tax amendment preserves taxpayer expectations and limits disallowance of expenses to stated effective years.
The issue is whether the Explanation to Section 14A introduced by the Finance Act, 2022 applies retrospectively or prospectively, particularly for assessment years where no exempt income arose. The Court analysed the Memorandum to the Finance Bill, relevant precedents, and the principle that tax laws altering existing legal positions are not to be given retrospective effect unless expressly or necessarily implied. It concluded the Explanation must operate prospectively from the effective date stated in the Memorandum, maintaining taxpayer expectations and legal certainty.
Case Laws Income Tax
Show AI Summary
Taxation of Royalties: domestic law amendments cannot override DTAA interpretation; telecommunication payments not royalties.
The court held that unilateral domestic amendments to the statutory definition of royalty cannot alter the meaning of that term in a DTAA; treaty terms are to be interpreted by their plain meaning, guided by international law principles, OECD commentary, and precedents, and payments for telecommunication services or satellite transponder capacity do not qualify as royalties under the relevant DTAA.
Case Laws Income Tax
Show AI Summary
Limitation under Section 153C: six-year period runs from receipt of seized documents, requiring assessment under Section 153C.
Where seized assets, documents and digital data recovered from a third party are found to relate to another person, the date on which the Assessing Officer having jurisdiction receives those seized materials is the deemed date of search for reckoning the six-year limitation period; that deemed date determines the relevant assessment year and which prior six assessment years fall under the special procedure for initiating assessments under Section 153C.
Case Laws Income Tax
Show AI Summary
Initiation of penalty proceedings: limitation runs from the Assessing Officer's reference, barring belated penalty orders.
Initiation of penalty proceedings occurs when the Assessing Officer makes a reference to the competent authority; the subsequent show cause notice is a procedural opportunity and does not restart the limitation period, so the statutory limitation for completing penalty proceedings runs from the date of the Assessing Officer's reference and a penalty order passed after that period is time barred.
Case Laws Income Tax
Show AI Summary
Faceless assessment procedure must govern issuance of Section 148 notices in international tax matters, irrespective of residency.
The court held that the plain language of the faceless scheme, Section 144B(2) and the CBDT order requires that issuance of Section 148 notices in matters involving international tax charges comply with the mandatory faceless assessment procedure, irrespective of the taxpayer's residency status, and that notices issued without adherence to that procedure are inconsistent with the statutory scheme.
Case Laws Income Tax
Show AI Summary
Reassessment limitation: commencement depends on AO's recorded satisfaction, not the search date, for non-searched entities.
Reassessment of a non-searched entity under Section 153C must be measured from the date the Assessing Officer records satisfaction about the seized material's relevance to that entity, not from the date of the search when the same AO is involved; the proviso to Section 153A(1) prevents the extended limitation period introduced by the 2017 amendment from applying to searches before the statutory cutoff, and physical handover of materials is a machinery provision rather than the substantive commencement trigger.
Case Laws Income Tax
Show AI Summary
Place of business controls assessment jurisdiction; transfer permitted where incriminating materials were seized in that jurisdiction.
When incriminating materials seized in a particular circle are directly connected to an assessee's business activities and essential to assessment, the assessing authority may transfer proceedings to the circle where those materials were seized. The decision emphasizes that place of business-reflecting where operative evidence and activities occurred-can control assessment jurisdiction, and that transfer facilitates a coordinated investigation while procedural safeguards like show cause notices and opportunities to reply remain relevant.
Case Laws Income Tax
Show AI Summary
Writ jurisdiction preserved where exceptions to alternative remedies exist; defective Section 153C compliance undermines post-search assessments.
The court analysed when High Court writ jurisdiction may be exercised despite alternative remedies, reiterating exceptions for violations of natural justice, lack of jurisdiction, or fundamental rights. It examined Section 153C procedural requirements, particularly the necessity of a valid satisfaction note by the Assessing Officer of the searched person, time limits and jurisdictional competence, and the limited evidentiary value of loose sheets and retracted statements absent corroboration.
Case Laws Income Tax
Show AI Summary
Time limits for 80G registration: purposive interpretation prevents existing charities being barred and preserves merit-based verification.
The Tribunal construed the amended registration scheme to hold that the six month filing period tied to commencement of activities applies to newly formed institutions that have not begun activities, not to existing charities that obtained provisional approval; it required the assessing authority to treat applications filed within six months before provisional approval expiry as within time and to verify eligibility on merits, providing opportunity to supply documents.
Case Laws Income Tax
Show AI Summary
Non obstante clause in third party search provision applies only after the AO assumes jurisdiction by issuing a notice.
The Assessing Officer of the other person must record satisfaction that incriminating material relates to that person's total income for specific assessment years before issuing a third party notice; the non obstante clause in the third party provision applies only after the Assessing Officer assumes jurisdiction by issuing such a notice and does not oust regular reassessment provisions where jurisdiction under the third party scheme is not assumed.
Case Laws Income Tax
Show AI Summary
Condonation of delay: bona fide short technical glitches in filing income tax returns warrant equitable condonation by authorities.
The High Court held that a one day, bona fide delay in filing an income tax return due to a technical portal glitch could not be rejected merely because the return had been processed with a demand; such reasoning was misconceived. Applying earlier authorities that endorse an empathetic and non rigid approach, the court emphasised that short delays caused by genuine human or technical problems should be condoned in exercise of administrative discretion, reinforcing the primacy of equity and justice in condonation applications for returns.
Case Laws Income Tax
Show AI Summary
Condonation of delay: personal illness of a tax professional can justify relief in filing income tax returns.
The summary establishes that under Section 119(2)(b) of the Income-tax Act, delay in filing returns caused by personal difficulties of a chartered accountant (such as illness of a family member) can be a genuine reason for discretionary condonation; authorities should assess such claims sensitively, require reasoned disbelief if rejecting medical evidence, and interpret discretionary tax powers in light of equity, substantial justice and harmonious construction.
Case Laws Income Tax
Show AI Summary
Timing difference in wage provisions prevents double disallowance; actual payment deductible after reversal.
Where provisions for wages and salaries are reversed in the return and actual payments are later made and evidenced, those entries represent a timing difference rather than inherently bogus expenditure; treating the same item as disallowable in the earlier year and again disallowing the later payment would result in double disallowance contrary to the taxation of real income.
Case Laws Income Tax
Show AI Summary
Jurisdictional prerequisite: notice in the name of a deceased person invalidates reassessment initiation under Section 148.
A notice under Section 148 issued in the name of a deceased person is a jurisdictional defect because a valid notice to the correct person is a condition precedent to reopening an assessment; legal representatives have no statutory duty to intimate death; where salary tax has been deducted at source, reassessment cannot be pursued against the deceased or their representatives, and employer non-deposit of TDS does not create an outstanding demand against the assessee or their legal representatives.
Case Laws Income Tax
Show AI Summary
Revisional power: Commissioner may consider subsequent records available at time of examination in tax proceedings.
The Court construed the Commissioner's revisional power to permit consideration of all materials relating to the proceeding that are available at the time of his examination, including documents and valuation reports that came on the file after the assessment order; the Explanation to the provision was read as clarificatory, giving an inclusive meaning to "record" rather than restricting it to what the Assessing Officer had when passing the assessment.
Case Laws Income Tax
Show AI Summary
Revision powers under section 264: Commissioner must consider expanded record and rehear revision petitions on merits.
The Court held that the Commissioner must consider a revision petition on its merits and that the term record in revision proceedings extends beyond the return and assessment order to include material from other sources and prior assessments. It emphasised consistency in treatment of continuing transactions and required the Principal Commissioner to take into account all relevant materials, identify any apparent mistakes, afford a personal hearing, and pass a reasoned order within a short timeframe.
Case Laws Income Tax
Show AI Summary
Pandemic relief legislation upheld: re-assessment notices issued during lockdown remain valid despite later procedural rule.
The court interpreted the pandemic relief legislation as providing comprehensive relief that extended to procedural obligations in force at the time of issuance, not confined solely to extensions of time. It applied the principle that statutes operate prospectively and concluded the later-introduced procedural provision does not apply retrospectively to invalidate earlier-issued re-assessment notices, limiting its analysis to the validity of issuance and not the merits of re-assessment proceedings.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Comparison of Section 48 "Tea development account, coffee development account and rubber development account" between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

26 August, 2025

Contents
Acts
Rules & Regulations
Summary
Note

Note

-

Bookmark

Print

Print

Section 48 Tea development account, coffee development account and rubber development account.

Income-tax Act, 2025

At a Glance

Clause 48 of the Income Tax Bill, 2025 (Old Version) provides for tax treatment of deposits into designated development accounts for tea, coffee and rubber and for recapture rules on withdrawal or disposal of assets acquired under the relevant schemes. It matters to taxpayers engaged in growing and manufacturing tea, coffee or rubber in India, and to the tax department administering deductions and recapture. Effective dates or enactment timing are Not stated in the document.

Background & Scope

Statutory hook: Clause 48 sits within the chapter on "Profits and gains of business or profession" in the Income Tax Bill, 2025 - that is, it addresses deductible deposits and subsequent chargeability to tax for certain primary-sector activities. The clause ties deductibility and recapture to "the provisions of the Schedule IX" (repeatedly).

The text provides limited definitional content: it identifies the relevant taxpayers as "an assessee ... carrying on business of growing and manufacturing tea or coffee or rubber in India" and references deposit accounts denominated as "tea development account, coffee development account or rubber development account or any other designated account." No statutory definitions for "designated account", "scheme", "deposit scheme", or "Schedule IX" are reproduced in the document; therefore, the precise mechanics and definitions are dependent on Schedule IX and other parts of the Bill/Act.

Statutory Provision Mode

Text & Scope

The clause has three sub-sections. Sub-section (1) states that an assessee engaged in growing and manufacturing tea, coffee or rubber in India "shall be allowed a deduction on the basis of deposits into the tea development account, coffee development account or rubber development account or any other designated account and computed as per the provisions of the Schedule IX." Sub-section (2) provides that any amount withdrawn, utilised or released "shall be charged to tax in the year in which the amount is transferred or withdrawn as per the provisions of the Schedule IX." Sub-section (3) imposes a recapture rule when an asset acquired under the scheme is sold or otherwise transferred by the assessee before the expiry of eight years from the end of the tax year in which it was acquired: "such part of the cost of such asset as is relatable to the deduction allowed under sub-section (1) shall be deemed to be the profits and gains of business or profession of the tax year in which the asset is sold or otherwise transferred and shall accordingly be chargeable to income-tax as the income of that tax year."

Interpretation

The clause establishes a regime of initial tax relief (deduction for qualifying deposits) followed by a recapture mechanism to neutralise tax benefit where withdrawals occur or assets are disposed of within a specified protective period. Legislative intent, as inferable from the text, is to incentivise deposits into sector-specific development accounts while preventing permanent tax avoidance by recapturing benefit on early withdrawal or premature disposal of assets acquired using those amounts. The explicit eight-year recapture period in sub-section (3) signals a policy choice to protect the revenue over a medium-term horizon; the deeming formula targets that portion of asset cost that corresponds to prior deductions, thereby effectuating partial reversal of tax benefit rather than full clawback of proceeds.

Exceptions/Provisos

Not stated in the document: any provisos, exceptions, exemptions, thresholds, or carve-outs beyond the three sub-sections reproduced. The clause itself contains no explicit provisos limiting application (for example, no treatment for transfers between related parties, no inflation adjustments, no apportionment rules beyond "such part of the cost ... as is relatable to the deduction"). Any further exceptions would need to be located in Schedule IX or elsewhere in the Bill.

Illustrations

  • Example 1: An assessee deposits funds into a "tea development account" and claims deduction computed under Schedule IX. If the assessee later withdraws those funds in a subsequent tax year, under Clause 48(2) the withdrawn amount is chargeable to tax in the tax year when the transfer/withdrawal occurs as per Schedule IX.

  • Example 2: An assessee uses deposited funds to acquire machinery under the scheme; if the machine is sold by the assessee within eight years from the end of the tax year of acquisition, the portion of the asset's cost that is attributable to the earlier deduction is "deemed to be the profits and gains" of the year of sale and taxed accordingly (i.e., recapture of benefit).

  • Example 3: Not stated in the document: how apportionment is to be calculated for part disposals, or treatment on sale to related parties; therefore specifics on such illustrations are Not stated in the document.

Interplay

The clause repeatedly instructs that computation and chargeability are "as per the provisions of the Schedule IX." Therefore, detailed operational rules, calculation formulae, timings, compliance processes and potentially definitions are deferred to Schedule IX. No other Rules/Notifications/Circulars are mentioned in the reproduced text. Interaction with general anti-avoidance provisions, transfer pricing provisions, or other parts of the tax code is Not stated in the document.

Differences between Section 48 of the Income-tax Act, 2025 and Clause 48 of the Income Tax Bill, 2025 (Old Version)

  • Specified account nomenclature and breadth: The Bill (Clause 48) expressly names "tea development account, coffee development account or rubber development account or any other designated account" as the basis for deduction; the enacted Section 48 refers more generically to "the special account or deposit account".
    • Practical impact: The Bill's language is more explicit about permitted account types and expressly contemplates additional "designated account(s)"; the Act's broader, less prescriptive phrasing may permit administrative flexibility but less clarity for taxpayers.
  • Timing of tax charge on withdrawals: Clause 48(2) (Bill) specifies that amounts "shall be charged to tax in the year in which the amount is transferred or withdrawn as per the provisions of the Schedule IX." Section 48(2) (Act) states that amounts "withdrawn or utilised or released from the aforesaid accounts at the time of closure or otherwise shall be charged to tax as per the provisions of the Schedule IX" (no explicit year-of-withdrawal phrasing).
    • Practical impact: The Bill provides clearer timing (tax year of transfer/withdrawal); the Act's formulation defers to Schedule IX but is potentially less precise about timing, which could create interpretive uncertainty about whether charge arises at closure, at withdrawal, or u/rs in Schedule IX.
  • Recapture on disposal of assets: Clause 48(3) (Bill) contains a specific deeming provision: where an asset acquired under the scheme is sold/transferred within eight years from the end of the tax year in which it was acquired, "such part of the cost of such asset as is relatable to the deduction allowed under sub-section (1) shall be deemed to be the profits and gains of business or profession" of the year of sale and charged accordingly. Section 48(3) (Act) is shorter and states that where any asset acquired as per the special scheme or deposit scheme is sold or otherwise transferred in any tax year, it "shall be charged to tax in accordance with the provisions of the said Schedule" (no eight-year period; no deeming of a relatable part of cost).
    • Practical impact: The Bill imposes a specific recapture window (8 years) and a deemed income mechanism that clearly recovers deductions previously claimed; the Act removes the explicit 8-year trigger and the specific deeming formula, deferring recapture mechanics to Schedule IX - potentially narrowing or broadening recapture depending on what Schedule IX specifies. Taxpayers face greater certainty under the Bill about recapture scope and timing, while the Act shifts the substantive rule into Schedule IX and may change the practical incidence of recapture.
  • Reference to "site restoration fund" and cross-purpose text: The Bill's explanatory note (as reproduced) mentions that Clauses 48 and 49 "provide for tea development account, coffee development account and rubber development account and Site Restoration Fund..." The clause text itself is focused on tea/coffee/rubber accounts. The Act version omits any accompanying note.
  • Practical impact: The Bill situates Clause 48 in a broader legislative design that includes site restoration for extractive activities; the Act, as excerpted, is self-contained and lacks that contextual pointer.
  • Terminology differences ("special scheme"/"deposit scheme" vs "scheme"/"deposit scheme"): The Act uses "special scheme or the deposit scheme"; the Bill uses "scheme or the deposit scheme."
    • Practical impact: Minor drafting variance; potential interpretive effect depends on definitions in the Bill/Act (not provided here).

Practical Implications

  • Compliance and risk areas: Taxpayers engaged in tea, coffee or rubber cultivation/manufacture who claim deductions under Clause 48 need to monitor withdrawals and the holding period of assets acquired under the scheme closely to determine recapture liabilities. The eight-year window imposes a medium-term compliance risk-early disposals create immediate tax charges under the deeming rule. The specific calculation of the "part of the cost ... relatable to the deduction" will be determinative; practitioners must consult Schedule IX for the precise methodology. Failure to follow the Schedule IX computation or to account for transfers/withdrawals in the year of event would expose taxpayers to assessments and interest/penalties (penalties/interest provisions Not stated in the document).
  • Record-keeping/evidence points: The clause implies the need for contemporaneous and durable records of deposits into the designated accounts, documentary evidence of use of deposited funds to acquire particular assets, acquisition dates, asset cost breakdowns, and records of any transfer/withdrawal or sale including dates and consideration. Records should support apportionment between deductible-funded cost and other funding. Schedule IX likely prescribes precise evidentiary requirements; absent that text, taxpayers should maintain detailed books documenting the flow of funds between bank accounts, account ledgers for the designated accounts, asset registers linking assets to sources of finance, and sale/transfer documentation.

Key Takeaways

  • Clause 48 establishes a conditional deduction for deposits into sector-specific development accounts for tea, coffee and rubber, with computation and operational detail delegated to Schedule IX.
  • Withdrawals or utilisations are taxable in the tax year of transfer/withdrawal in accordance with Schedule IX, creating timing certainty in the clause text (subject to Schedule IX specifics).
  • The clause contains an express eight-year recapture period for assets sold/transferred before expiry of that period, with a deeming rule targeting the portion of asset cost attributable to earlier deduction.
  • The clause does not provide detailed calculation, procedural, or exceptions language within the text; those details are left to Schedule IX and other parts of the Bill/Act.
  • Taxpayers must maintain records linking deposits to account entries and to assets acquired, and should anticipate recapture on early dispositions; specific compliance steps and penalties are Not stated in the document.

Full Text:

Section 48 Tea development account, coffee development account and rubber development account.

Topics

Acts Income Tax