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 104 "Unexplained asset." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

1 September, 2025

Contents
Acts
Rules & Regulations
Summary
Note

Note

-

Bookmark

Print

Print

Section 104 Unexplained asset.

Income-tax Act, 2025

At a Glance

These texts are two versions of the same provision dealing with "unexplained asset" in the context of aggregation of income: (i) Clause 104 of the Income Tax Bill, 2025 (Old Version) and (ii) Section 104 of the Income-tax Act, 2025 (enacted text). They matter because they prescribe when an asset discovered with a taxpayer may be treated as the taxpayer's income. Affected parties include taxpayers, tax authorities (Assessing Officers) and advisers in personal taxation and compliance. Effective date or decision date: Not stated in the document.

Background & Scope

Statutory hooks: both texts appear as Clause/Section 104 under the heading "AGGREGATION OF INCOME" in the Income Tax Bill/Act, 2025. Both define circumstances under which an asset found to be owned by or belonging to an assessee, but not recorded (or where there is an excess over recorded amount), may be deemed income. Both texts provide a non-exhaustive definition of "asset" in a separate sub-paragraph, expressly including money, bullion, jewellery, virtual digital asset or other valuable article. No further definitions or explanations (for example, of "value", "found", "books of account" or "virtual digital asset") are provided in the documents themselves.

Statutory Provision Mode

Text & Scope

Both provisions operate on two factual situations: (A) an asset is found to be owned by or belonging to the assessee and is not recorded in the assessee's books of account (if any); or (B) the Assessing Officer finds that the asset's measure (either described as "amount of such asset" in the Bill or "amount expended in acquiring such asset" in the Act) exceeds the amount recorded in the books of account. If either situation exists and the assessee either (a) offers no explanation as to nature and source of acquisition, or (b) offers an explanation that is not satisfactory to the Assessing Officer, then the value (or excess amount) is to be deemed income of the tax year in which the asset is found to be owned by or belonging to the assessee. Paragraph (2) in both texts lists examples of "asset", expressly including virtual digital asset.

Interpretation

The enacted text replaces the Bill's phrase "amount of such asset" with "the amount expended in acquiring such asset." This change indicates a legislative choice to focus on acquisition expenditure rather than on some other measure of the asset's worth (for instance, current market value or book value), although the document itself does not state an explicit legislative intent or commentary explaining the reason for the change. The provision vests subjective assessment power in the Assessing Officer by referencing the Assessing Officer's satisfaction with the explanation; no objective standards or burden-allocation rules are provided in the text.

Exceptions/Provisos

Not stated in the document.

Illustrations

  • Example 1 (consistent with the text): An assessee is found to own unreported jewellery. The assessee cannot satisfactorily explain the source of acquisition; the value of that jewellery is therefore deemed the assessee's income for the tax year in which the jewellery was found.

  • Example 2 (illustrating the textual difference): Under the Bill language, if an asset's market value (amount of such asset) exceeded its recorded amount in books, the excess could be treated as income; under the Act language, the focus would be on whether the amount expended in acquiring the asset exceeds the recorded amount - for example, where acquisition expenditure (purchase price) is more than the recorded amount, that excess would be deemed income, even if current market value differs. (These are text-consistent hypotheticals; the document contains no factual cases.)

Interplay

Interaction with other statutory provisions, Rules, Notifications or Circulars: Not stated in the document. The text does not set out procedural rules (assessment procedure, burden of proof, notice requirements, appeals, or valuation methodology), nor does it cross-reference evidentiary standards or other sections addressing unexplained investments, search and seizure, or income determination.

Practical Implications

  • Compliance and risk areas: The provision creates a clear compliance risk where assets are discovered that are not reflected in a taxpayer's books. The Assessing Officer has a statutory power to deem such assets (or excess acquisition expenditure) as income if no satisfactory explanation is given. Taxpayers should be aware that the statutory reach includes virtual digital assets (VDAs), money, bullion and jewellery.
  • Record-keeping/evidence points suggested by the text: Because the outcome is triggered by lack of satisfactory explanation, maintaining contemporaneous evidence of source and acquisition (invoices, bank statements showing funds used for acquisition, contracts, receipts, gift deeds, inheritance documents, sale/purchase agreements, or corroborating third-party records) is critical. The Act's emphasis on "amount expended in acquiring" (as compared with mere "amount of such asset" in the Bill) particularly suggests retaining evidence of acquisition cost or expenditure.

Key Differences Between Bill (Old Version) and Enacted Section, and Practical Impact

  • Wording on measurement of asset: Bill-"amount of such asset"; Act-"amount expended in acquiring such asset."
    • Practical impact: The Bill language could be read to permit use of an asset's present or market value as the point of comparison with books; the Act restricts or narrows the comparison to the expenditure made to acquire the asset. This change tends to focus the assessment on actual outlay by the assessee rather than an external valuation; practically, it may limit instances where market appreciation (unrelated to acquisition cost) would be treated as unexplained income under this section. However, because the Act does not define "amount expended in acquiring" or provide valuation rules, uncertainties remain about treatment of improvements, acquisition via instalments, transfers between related parties, barter, or where acquisition cost cannot be substantiated.
  • Removal of phrase relating to "where the asset is found recorded": The Bill included the qualifier "where the asset is found recorded" in relation to the books; the Act omits this phrase and instead inserts "for any source of income" after reference to books.
    • Practical impact: The Act's phrasing arguably broadens the provision's reach by making explicit that books maintained for any source of income are relevant; the omission of "where the asset is found recorded" reduces textual ambiguity about applicability when an asset is recorded in some part of the books but not others. This may strengthen the Assessing Officer's ability to compare acquisition expenditure against books across sources.
  • Terminology and drafting clarity: The Act's revision appears to tighten the measure by referencing acquisition expenditure and by clarifying the scope of applicable books.
    • Practical impact: While the Act may be intended to bring more precision, because neither text supplies valuation mechanics or burdens (who proves what), practical disputes over valuation, timing, and satisfactory explanation are likely to arise and be resolved through assessment proceedings or appellate adjudication.

Interpretive and Procedural Gaps (as per documents)

  • The document does not state valuation methodology for "value" or "amount expended in acquiring", nor does it provide rules for assets acquired by non-monetary means (gifts, inheritance, swaps) - Not stated in the document.
  • The document does not state the burden of proof, standard for "satisfactory" explanation, or requirements for notice and hearing before deeming income - Not stated in the document.
  • The document does not state how virtual digital assets are to be valued or evidenced - Not stated in the document.

Action Points (derived from the text)

  • Taxpayers should retain documentary evidence of acquisition expenditure (invoices, payment records, bank transfers, loan documents) for any asset likely to be scrutinised, including VDAs.
  • Where an asset is recorded in books, ensure acquisition entries accurately reflect amounts expended and maintain supporting schedules linking books to physical assets.
  • Advisers should prepare documentary narratives to explain source and nature of acquisition in the event of an assessment query, and to challenge any valuation that rests on market price rather than acquisition expenditure if the Act's wording is invoked.
  • Because the Assessing Officer's satisfaction is dispositive in the provision, ensure procedural safeguards (e.g., requests for reasons, reliance on contemporaneous records) are used during assessment and appeals - procedural specifics are Not stated in the document.

Key Takeaways

  • Both texts permit deeming an unexplained asset (or excess over recorded amount) to be assessable income if no satisfactory explanation is provided.
  • The Act alters the metric from "amount of such asset" (Bill) to "amount expended in acquiring such asset", shifting focus to acquisition expenditure.
  • The Act clarifies that books maintained "for any source of income" are relevant; other drafting changes remove certain qualifiers present in the Bill.
  • Virtual digital assets are specifically within the scope of the definition of "asset" in both texts.
  • Significant interpretive and procedural details (valuation method, burden of proof, standards for "satisfactory" explanation) are not provided in the documents and will be decisive in future assessments and disputes.

Full Text:

Section 104 Unexplained asset.

Topics

Acts Income Tax