Just a moment...

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 ✕
🔎 TMI Notes - Adv. Search
TEXT SEARCH:

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
    Manuals Service Tax
    Whether service tax registration certificate is transferable? What are the consequences if business ...
    Manuals Service Tax
    Are there any different guidelines for registration of a single premises? if yes, what are the guide...
    Manuals Service Tax
    What are the principles for determining essential character of a product, in case they are naturally...
    Manuals Service Tax
    Whether service tax liability can be discharged by the agent, appointed by the service provider?
    Manuals Service Tax
    What is the liability /consequence if service tax payment has been made in wrong head?
    Manuals Service Tax
    Whether Service tax payment is allowed on cash receipt basis ? if yes, in what cases payment is allo...
    Case Laws Indian Laws
    Whether a circular contrary to the provisions of law is valid and enforceable in the eyes of law?
    Case Laws Central Excise
    Whether circulars are binding on Courts including High Court and Supreme Court?
    Case Laws VAT / Sales Tax
    Whether circulars are binding on Qusi judicial authorities? If Yes, to what extent and scope / limit...
    Case Laws Service Tax
    Whether components of a composite transaction amounting to supply of labour/rendition of service(s),...
    Notifications Service Tax
    Specified persons for the purpose of Advance Ruling u/s 96A of the Chapter V of the Finance Act, 199...
❯❯
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
Manuals Service Tax
Show AI Summary
Service tax registration non-transferability requires transferee to obtain immediate fresh registration certificate upon business transfer.
Service tax registration certificates are not transferable under rule 4(6) of the Service Tax Rules, 1994; upon transfer of business the transferee must obtain a fresh certificate and is to be treated as a new registrant rather than a continuation or renewal of the transferor's registration.
Manuals Service Tax
Show AI Summary
Single premises registration requires online ST 1 filing, two day grant, and mandatory PAN with document verification.
Registration for a single premises must be filed online via ACES using Form ST-1; registration is to be granted online within two days and electronic payment enabled. Within seven days of filing the applicant must post self attested documents to the Division for verification. PAN is mandatory for non government applicants; e mail and mobile number are compulsory. Required documents include PAN copy, identity/photograph of filer, proof of possession of premises, main bank account details, memorandum/articles or directors list, authorization for the filer, and existing business transaction numbers from other government agencies.
Manuals Service Tax
Show AI Summary
Essential character of a product determined by dominant cost component or defining functionality for classification.
Determination of the essential character of a bundled product relies on two main tests: cost allocation, where the component with the highest share of parts or manufacturing cost typically imparts essential character (as in Xerox India Ltd.), and functionality, where the component that confers defining physical or operational attributes supplies the product's identity (as in Bakelite Hylam Ltd.).
Manuals Service Tax
Show AI Summary
Agent discharge of service tax liability affirmed: agent payment treats provider's obligation as discharged, barring further adjudication.
The service provider's tax obligation may be discharged by an appointed agent because section 65(7) of the Finance Act defines the assessee to include an agent; when an agent pays the service tax on the provider's behalf, the provider's liability is treated as discharged and subsequent show-cause adjudication is not warranted.
Manuals Service Tax
Show AI Summary
Service tax payment under wrong head still discharges liability; misclassification does not negate tax payment responsibility.
Payment of service tax under an incorrect service classification does not, by itself, prevent the tax liability from being regarded as discharged; the essential consideration is that tax was remitted on behalf of the taxable activity, so recording the remittance under a different accounting head ordinarily cannot be used to deny satisfaction of the service tax demand.
Manuals Service Tax
Show AI Summary
Cash-basis service tax: optional payment on receipt for small providers and payment-trigger rules under reverse charge.
Individuals and partnership firms below a prescribed turnover threshold in the previous financial year may opt to pay service tax on taxable services in the current year on a cash-receipt basis for supplies up to that threshold, with tax due in the month or quarter in which payment is received. Under the reverse charge mechanism, the service recipient may also discharge tax on a payment-received basis, but if payment is not made within a specified period after the invoice date the point of taxation shifts to the date immediately following that period.
Case Laws Indian Laws
Show AI Summary
Departmental circulars conflicting with statutory law lack binding effect and cannot constrain judicial interpretation or review.
A departmental circular that furnishes an interpretation contrary to the provisions of law does not bind courts and cannot determine legal rights or obligations; administrative instructions must conform to statutory text, and a circular antagonistic to the statute is ineffective in judicial proceedings, as exemplified by the 1979 circular addressed in the authorities.
Case Laws Central Excise
Show AI Summary
Binding precedent: administrative circulars cannot override the Court's authoritative interpretation; courts must apply that law.
Administrative circulars cannot prevail over the law laid down by the highest court; courts and tribunals must apply the Court's authoritative interpretation. A protective rule preserved benefits already granted under exemption notifications from reopening, but did not permit adjudicative bodies to follow circulars in preference to the Court's decision where entitlement was contested and proceedings were pending.
Case Laws VAT / Sales Tax
Show AI Summary
Binding effect of government circulars: administrative clarifications do not bind courts or quasi judicial authorities and cannot create estoppel.
Government circulars and clarifications represent administrative understanding of statutory provisions and do not bind courts or quasi judicial authorities; they cannot create an estoppel against the statute and do not prevent recovery of tax lawfully leviable despite prior communications to taxpayers.
Case Laws Service Tax
Show AI Summary
Service elements in works contracts taxable when classifiable under construction or erection services, not limited to a new label.
Service elements within a composite works contract that correspond in nature to Commercial or Industrial Construction Service, Construction of Complex Service or Erection, Commissioning or Installation Service are taxable under those service heads; such service elements need not be classified exclusively under the subsequently inserted sub clause, and levy under the existing defined service categories is proper based on the substantive character of the activities.
Notifications Service Tax
Show AI Summary
Resident firm classification for advance ruling expands eligible applicants under service tax advance ruling framework.
Notification declares resident firm as a class of persons eligible for advance rulings under section 96A of the Finance Act, 1994 for service tax. It defines "firm" to include partnerships under the Indian Partnership Act, limited liability partnerships (including those without a company partner), sole proprietorships, and One Person Companies, and links the term "resident" to the meaning in the Income-tax Act as applicable to a resident firm.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

whatsapp Join Channel
Showing Results for : Reset Filters

Comparison of Section 143 "Special provisions in respect of certain undertakings in North-Eastern States." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

3 September, 2025

Contents
Acts
Rules & Regulations
Summary
Note

Note

-

Bookmark

Print

Print

Section 143 Special provisions in respect of certain undertakings in North-Eastern States.

Income-tax Act, 2025

At a Glance

This document is the Bill version titled "Clause 143" within the Income Tax Bill, 2025 (old version). It provides special tax relief for specified undertakings in North-Eastern States by allowing a 100% deduction of profits and gains from eligible businesses for ten consecutive tax years starting from the initial tax year. It matters to taxpayers operating eligible businesses/units in the specified North-Eastern States and to the tax administration. Effective date or enactment date: Not stated in the document.

Background & Scope

Statutory hooks: Clause 143 (Bill) proposes a special deduction in respect of profits and gains of certain undertakings in the North-Eastern States. The provision references other statutory provisions - notably section 140(4), (5) and (6) (for re-establishment/reconstruction) and the second proviso to section 80-IB(4) of the Income-tax Act, 1961 - for interaction and limiting rules. Coverage: manufacturing/production of "eligible article or thing", substantial expansion of such manufacture/production, and carrying on specified "eligible business". Definitions provided in the clause include "eligible article or thing", "eligible business", "initial tax year", "North-Eastern States" (list of eight states), and "substantial expansion". The clause sets eligibility conditions and prescribes exclusivity of this deduction vis-`a-vis other Chapter deductions.

Statutory Provision Mode

Text & Scope

The clause allows, where gross total income includes profits and gains from a qualifying undertaking carrying on an eligible activity, a deduction equal to 100% of such profits and gains for ten consecutive tax years commencing with the "initial tax year". The clause applies only to undertakings which have, during the period beginning 1 April 2007 and ending with 1 April 2017, begun or begin in any of the specified North-Eastern States to-(a) manufacture/produce an eligible article/thing; (b) undertake substantial expansion to manufacture/produce an eligible article/thing; and (c) carry on an eligible business. The clause imposes pre-conditions on formation: the undertaking must not be formed by splitting up or reconstruction of an existing business; it must not be formed by transfer to a new business of previously used plant/machinery; an express exception to the first condition exists for re-establishment/reconstruction/revival in the circumstances set out in section 140(4).

Interpretation

The clause achieves its purpose by setting an unconditional quantitative benefit (100% deduction) subject to temporal, geographic and formation criteria. The text indicates legislative intent to incentivise industrial and service activity in the North-Eastern States for undertakings started in a discrete historical window (2007-2017). The reference to section 140(4) suggests Parliament intended to align the relief with pre-existing rules governing re-established undertakings, preventing arbitrary exclusion. The exclusivity clause (no deduction under any other section of this Chapter in relation to the profits and gains) evinces an intent to avoid double counting of deductions within the same Chapter.

Exceptions/Provisos

Carve-outs and conditions in the clause include:

  • Ineligibility where formation is by splitting up or reconstruction of an existing business (subject to the section 140(4) exception).
  • Ineligibility if formed by transferring previously used plant/machinery to new business (with application of section 140(5) and (6)).
  • Exclusion of certain articles: tobacco and manufactured tobacco substitutes (Ch. 24), pan masala (Ch. 21), plastic carry bags under 20 microns (Ministry of Environment notifications cited), and petroleum products (Ch. 27) produced by refineries.
  • Eligible businesses list excludes lower-tier hotels (below two-star), sets capacity thresholds (nursing homes >=25 beds), and prescribes scope for training institutes and IT hardware manufacturing among other items.
  • Aggregate limit: no deduction under this clause or under the second proviso to section 80-IB(4) of the Income-tax Act, 1961 shall together exceed ten tax years.

Illustrations

  • Example 1: A new two-star hotel in Assam commencing operations in the initial tax year within the specified period would, subject to meeting formation and other conditions, be entitled to claim a 100% deduction of profits for ten consecutive tax years starting that initial tax year. (Facts such as dates or compliance procedures: Not stated in the document.)
  • Example 2: An information-technology hardware manufacturer in Manipur that undertakes a "substantial expansion" (as defined: >=25% increase in plant & machinery book value measured on the first day of that tax year) within the qualifying period would begin the ten-year deduction period from the "initial tax year" defined as the tax year in which substantial expansion is completed.

Interplay

The clause expressly invokes sections 140(4)-(6) for treatment of certain formational exceptions and re-established entities, and it cross-refers to the second proviso to section 80-IB(4) of the Income-tax Act, 1961 for aggregate duration limits. No other Rules/Notifications/Circulars are cited in the clause text. Potential interpretive issues (from the text): the precise effect of the cross-reference to section 140 provisions and operationalising the ten consecutive years where an undertaking previously claimed another relief are to be determined by reference to those provisions; the clause itself does not provide procedural rules for claiming the deduction. (Any administrative procedure or forms: Not stated in the document.)

Differences between the two provisions and practical impact

  • Source/status: Document 1 is presented as "Section 143 of Income-tax Act, 2025" (enacted provision); Document 2 is labelled "Clause 143 of Income Tax Bill, 2025 - Old Version" (bill text).
    • Practical impact: One is framed as enacted legislation, the other as an earlier bill text; enacted text is authoritative. (This observation is drawn from the document headings.)
  • Temporal phrase regarding the terminal date of the eligible period: Document 1 (Act) states the period as "beginning on the 1st April, 2007 and ending before the 1st April, 2017"; Document 2 (Bill) states "beginning on the 1st April, 2007 and ending with the 1st April, 2017."
    • Practical impact: The Act's "ending before" excludes 1 April 2017 as a qualifying date for undertakings that begin on that day; the Bill's "ending with" would include that day. This difference affects the eligibility of undertakings that commenced on 1 April 2017.
  • Condition/exception structure for re-established/reconstructed undertakings: Document 2 separates an explicit clause (3)(c) stating that condition (a) shall not apply to undertakings formed by re-establishment/reconstruction/revival as referred in section 140(4); Document 1 integrates that exception by parenthetical qualification in clause (3)(a) (mirroring section 140(4) language).
    • Practical impact: Substantively similar, but drafting differs-Document 2 expresses the exception as a standalone clause, which may be clearer in the bill form; the Act embeds the exception within clause (3)(a). No clear substantive divergence in eligibility is evident from the texts themselves.
  • Typographical/wording differences: Document 2 contains a typographical truncation ("bio-technolog;") and slightly different punctuation/word order in certain subsections (e.g., placement of commas and "and").
    • Practical impact: Primarily drafting/typographical; the Act text corrects such errors. Absent substantive amendments, these do not alter legal effect other than clarity.
  • Other differences: Document 1 explicitly states "Irrespective of anything contained in this Act" in subsection (6) and adds minor variations in sub-section labeling (e.g., Document 1 uses "(8) For the purposes of this section,-" then lists definitions).
    • Practical impact: Largely stylistic drafting; material coverage of deductions, duration (ten tax years), ineligibility for other chapter deductions, and the list of eligible businesses/articles remain consistent across both texts.

Practical Implications

  • Compliance and risk areas: Taxpayers must ensure strict compliance with formation criteria (no splitting/reconstruction except as allowed u/s 140(4)), substantiate that plant and machinery are new (or otherwise satisfy section 140(5)/(6) requirements) and document the date of commencement or completion of substantial expansion to establish the "initial tax year". Absent such documentation, entitlement could be contested by the tax authorities. The clause itself does not state procedural safeguards or evidence standards. (Not stated in the document.)
  • Record-keeping/evidence points: Maintain contemporaneous records evidencing commencement dates, investment in plant & machinery (book values), particulars of any reconstruction or re-establishment, and capacity thresholds (e.g., nursing home bed count). Preserve invoices and fixed asset registers to evidence the 25% increase for "substantial expansion". The clause does not set evidentiary standards or audit procedures. (Not stated in the document.)

Key Takeaways

  • The provision grants a 100% deduction of profits and gains from eligible activities in North-Eastern States for ten consecutive tax years starting from the "initial tax year".
  • Eligibility is confined to undertakings begun (or substantially expanded) within a discrete window (1 April 2007 to 1 April 2017 as per the Bill text) - timing is determinative; any variance in the terminal date materially affects eligibility for undertakings commencing on 1 April 2017.
  • Formation conditions bar benefits to undertakings formed by splitting/reconstruction or by transfer of used plant/machinery, subject to exceptions aligning with section 140 provisions.
  • Certain goods (tobacco, pan masala, specified plastic bags, refinery products) are excluded; the clause specifies a closed list of eligible businesses with capacity/quality thresholds.
  • The deduction is exclusive: no other deduction under the same Chapter can be claimed in relation to the same profits and gains; aggregate relief periods (this clause + section 80-IB(4) second proviso) cannot exceed ten tax years.
  • The Bill text contains minor drafting defects (e.g., "bio-technolog;") and differs from the Act text in a temporal phrase ("ending with" vs "ending before") and in clause structuring; such differences can have concrete eligibility consequences.
  • Procedural, evidentiary and effective date details are not provided in the Bill text. (Not stated in the document.)

Full Text:

Section 143 Special provisions in respect of certain undertakings in North-Eastern States.

Topics

Acts Income Tax