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 characters0/2000
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.
RelevanceDefaultDate
    A registered person opting for composition scheme is not allowed to make any inter-State outward sup...
    GST - Whether a Job worker is eligible to avail the benefit of Composition Scheme u/s 10? What happe...
    GST - Whether a Works contractor having turnover below ₹ 75 lacs is eligible to avail benefit ...
    GST - Whether all the manufactures are eligible to avail the benefit of Composition Scheme? If no, w...
    Case LawsCentral Excise
    Classification (HSN Code) for "Hand Trolley or Fork Lift"-Interpretation of Tariff (84.27 or 84.31)
    Case LawsCentral Excise
    Classification (HSN Code) for "Pantoon with spuds"-Interpretation of Tariff (8905 or 8907)
    Case LawsCentral Excise
    Classification (HSN Code) for "Rice and Spice"-Interpretation of Tariff ( 11.01 or 21.08)
    Case LawsCentral Excise
    Classification (HSN Code) for "Soft Serve"-Interpretation of Tariff ( 21.05 or 04.04 or 2108.91)
    Case LawsCentral Excise
    Classification (HSN Code) for "Povidone Iodine Cleansing Solution USP and Wokadine Surgical Scrub" -...
    Case LawsCentral Excise
    Classification (HSN Code) for " Slagwool and Rockwool"-Interpretation of Tariff ( 6807.10 or 6803)
    Case LawsCentral Excise
    Classification (HSN Code) for "Scrabble"-Interpretation of Tariff ( 9403 or 9504)
    Case LawsCentral Excise
    Classification (HSN Code) for "Aluminium Castings"-Interpretation of Tariff ( 3003.31 or 33.06)
    Case LawsCentral Excise
    Classification (HSN Code) for "Aluminium Castings"-Interpretation of Tariff (84.09 or 84.32)
    Case LawsCentral Excise
    Classification (HSN Code) for Addition of Perfume in Hair Oil Product-Interpretation of Tariff ( 330...
    Case LawsCentral Excise
    Classification (HSN Code) for "Chillers"-Interpretation of Tariff (84.18 or 84.19)
    Case LawsCentral Excise
    Classification (HSN Code) for "Paving Blocks"-Interpretation of Tariff (6807.90 or 6807.20)
    Case LawsCentral Excise
    Classification (HSN Code) for "Royan Grade Wood Pulp"-Interpretation of Tariff (48.18 or 56.01)
    Case LawsCentral Excise
    Classification (HSN Code) for "Johnson's Prickly Heat Powder and Phipps Processed Talc are patent or...
    Case LawsCentral Excise
    Classification (HSN Code) for a product uses for "Therapeutic or Prophylactics"-Interpretation of Ta...
    Case LawsCentral Excise
    Classification (HSN Code) for "Dimethicone"-Interpretation of Tariff (3003.20 or 3910.00)
❯❯
MaximizeMaximizeMaximize
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 SummariesHide All Summaries
    Act RulesGST
    Show AI Summary
    Composition scheme prohibits inter state outward supplies, triggering immediate withdrawal and normal GST liability if violated.
    A registered person availing the composition scheme cannot make inter state outward supplies; place of supply outside the state requires issuance of a Bill of Supply only, and an inter state supply triggers immediate withdrawal of the composition scheme by operation of law. Withdrawal converts liability to tax under normal provisions, requires filing FORM GST CMP-04 electronically, and exposes the person to additional tax and penalty determination by the proper officer if composition was wrongly availed.
    Act RulesGST
    Show AI Summary
    Job worker treated as service under Schedule entry - excluded from composition scheme even if activity amounts to manufacture.
    A person undertaking treatment or process on another's goods is classified as a service provider under the statutory definition of job work and the Schedule entry treating such treatment as a supply of services; therefore, even if the activity amounts to manufacture, the nature of supply remains a service and the job worker is excluded from the composition scheme.
    Act RulesGST
    Show AI Summary
    Composition scheme eligibility: service providers generally excluded, restaurant food service providers allowed; works contractors ineligible.
    Composition scheme excludes service providers generally, so a works contractor is ineligible; however, supply of food or drink (excluding alcoholic liquor) provided as a service for consideration is carved out as an exception, permitting restaurant-style vendors to avail composition benefits under the composition levy conditions and restrictions.
    Act RulesGST
    Show AI Summary
    Composition scheme eligibility restricted for certain manufacturers; ice cream, pan masala and tobacco products excluded from composition benefit.
    The Composition Scheme allows manufacturers and traders to opt for a simplified levy instead of regular GST, but the government may notify exclusions. Manufacturers of ice cream and other edible ice, pan masala, and tobacco and manufactured tobacco substitutes are explicitly excluded from eligibility to avail the composition benefit.
    Case LawsCentral Excise
    Show AI Summary
    Classification of fork lift equipment: pallets are not parts and therefore fall under independent goods classification, not vehicle parts.
    Pallets used with fork lift trucks are not parts because the fork lift operates without them; the parts classification guidance does not apply to goods merely used with machinery, so the pallets must be classified as independent goods rather than as parts of the trucks.
    Case LawsCentral Excise
    Show AI Summary
    Tariff classification: pantoon with spuds falls under specialized vessel heading, prompting remand over inadequate tribunal reasoning.
    The expression "pantoon with spuds" is to be classified under the tariff provision for specialized vessel units rather than the alternative heading relied on by the respondent. An appellate tribunal must issue a speaking order addressing the Commissioner's reasoning when disagreeing; it cannot allow an appeal on an issue not raised in reply to the show cause notice or not argued before the Commissioner, and the matter was remanded for reconsideration.
    Case LawsCentral Excise
    Show AI Summary
    Product classification: mixed rice with spices treated as rice under tariff, not a manufactured spice preparation.
    Classification turns on whether mixing raw rice with dehydrated vegetables and spices amounts to manufacture. If the essential characteristic of rice remains and the article continues to be a milling industry product, it must be classified under the milling-related tariff provision rather than as a prepared-food manufactured article.
    Case LawsCentral Excise
    Show AI Summary
    Tariff classification: Soft Serve classified under prepared foodstuffs, not dairy or ice-cream headings, for excise purposes.
    The product Soft Serve is to be treated as a prepared foodstuff under Sub-Heading 21.05 rather than as a dairy product or an ice-cream/ice confection; its character and presentation align it with preparations for human consumption covered by the prepared foods heading, excluding headings for dairy or frozen confection classifications and thereby determining the applicable excise and tariff treatment.
    Case LawsCentral Excise
    Show AI Summary
    Medicament classification: surgical povidone iodine solutions treated as specific medicinal goods, not generic cleaning preparations.
    The product's classification hinges on combined factors-composition, product literature, label, character and intended user-while a miniscule prophylactic ingredient is not relevant. Because the solution is used by surgeons to degerm hands and scrub patient skin to prevent infection, it is classifiable as a medicament under the specific tariff entry rather than under a residuary entry for cleaning preparations.
    Case LawsCentral Excise
    Show AI Summary
    Tariff classification: composition-based rule places slagwool and rockwool under the slag-derived mineral wool heading rather than stone wool.
    A composition-based tariff rule governs classification: products where blast furnace slag or similar material constitutes the requisite proportion by weight are classifiable under Sub-heading No.6807.10 for slag-derived mineral wool rather than under the general stone/rock wool heading; prior tribunal decisions follow the same composition-focused approach.
    Case LawsCentral Excise
    Show AI Summary
    Classification of board games: Scrabble is a game, not an educational toy, and falls under the tariff heading for games.
    Scrabble is classifiable as a board game under the tariff heading for games (Chapter 95) rather than as an educational toy or article of furniture, because its defining elements of chance and skill distinguish it from toys; this classification applies equally to simplified or junior editions which retain the essential game attributes.
    Case LawsCentral Excise
    Show AI Summary
    Tariff classification: tooth powder treated as heading 3306 and excluded from Chapter 30 despite medicinal properties.
    The tooth powder "Dant Manjan Lal" is classifiable under Sub heading 3306 for tooth powders and similar preparations; despite possessing therapeutic properties, Chapter Note 1(d) of Chapter 30 excludes it from classification under Chapter 30, so the Chapter 33 description governs the tariff classification.
    Case LawsCentral Excise
    Show AI Summary
    Tariff classification: Aluminium castings classed under subheading 84.32, altering their excise tariff placement.
    Classification dispute over cast metal components turns on tariff interpretation: Aluminium castings are to be classified under Sub Heading 84.32 rather than under 84.09, applying tariff nomenclature and interpretive principles to allocate goods to the aluminium-specific heading for central excise purposes.
    Case LawsCentral Excise
    Show AI Summary
    Classification of perfumed hair oil: perfume addition places the product under specified tariff subheading, altering excise treatment.
    The Supreme Court held that the addition of perfume to a hair oil product results in classification under Sub Heading 3505.10 rather than under the alternate tariff heading previously relied upon, clarifying the proper excise tariff interpretation and product characterisation for assessment purposes.
    Case LawsCentral Excise
    Show AI Summary
    Tariff classification of chillers confirmed under sub-heading 84.18 rather than 84.19, clarifying applicable excise head.
    The key operative point is that the term "chillers" is classifiable under Sub Heading 84.18 of the Tariff Act rather than Sub Heading 84.19, resolving the tariff heading applicable to chillers for central excise classification.
    Case LawsCentral Excise
    Show AI Summary
    Classification of paving blocks as tariff goods under subheading 6807.90 rather than 6807.20 clarifies taxable categorization.
    Classification dispute concerns whether Paving Blocks should be assigned to subheading 6807.90 or to 6807.20; the authoritative interpretation establishes that Paving Blocks fall within subheading 6807.90, not 6807.20, thereby determining the applicable tariff classification for such products.
    Case LawsCentral Excise
    Show AI Summary
    Tariff classification: Royan Grade Wood Pulp classified under Sub-Heading 48.18 not 56.01 following judicial interpretation.
    The operative determination classifies the expression "Royan Grade Wood Pulp" under Sub-Heading 48.18 rather than Heading 56.01, based on characterisation of the material's essential nature and application of tariff heading language and classification principles to distinguish raw wood pulp from processed textile-like articles.
    Case LawsCentral Excise
    Show AI Summary
    Tariff classification of medicinal preparations: prior departmental treatment and commercial use determine sub-heading placement.
    The Supreme Court held that Johnson's Prickly Heat Powder and Phipps Processed Talc are patent or proprietary medicines classifiable under Sub-Heading 30.03, relying on BPL Pharmaceuticals principles and on prior departmental treatment, commercial usage, statutory treatment and common parlance to determine that sustained classification and actual use as medicinal preparations govern tariff classification despite a new tariff schedule.
    Case LawsCentral Excise
    Show AI Summary
    Product classification for therapeutic or prophylactic use dictates treating composite preparations as medicaments for tariff purposes.
    Products described as product uses for Therapeutic or Prophylactics are to be treated as medicaments for tariff classification; mixtures of two or more constituents combined for therapeutic or prophylactic purposes qualify as a medicament and should be classified accordingly, with the intended therapeutic or prophylactic use and composite nature determining the applicable tariff heading.
    Case LawsCentral Excise
    Show AI Summary
    Tariff classification: Dimethicone treated as chemical goods heading, not classified under pharmaceutical-medical heading for levy purposes.
    Dimethicone is classifiable under Sub Heading 3910 and not under 3003.20 of the Tariff Act, treating it as a product of the chemical/plastic goods heading rather than as a medicament for tariff purposes.

    TMI Notes

    Back

    All TMI Notes

    Showing Results for :
    Reset Filters
      No Records Found

      TMI Notes

      Back

      All TMI Notes

      whatsappJoin Channel
      Showing Results for : Reset Filters

      Comparison of Section 199 "Tax on income of certain manufacturing domestic companies." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

      4 September, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Section 199 Tax on income of certain manufacturing domestic companies.

      Income-tax Act, 2025

      At a Glance

      This document is Clause 199 of the Income Tax Bill, 2025 - (Old Version), which proposes a concessional 25% tax rate for certain domestic manufacturing companies subject to specified conditions. It matters to domestic companies engaged in manufacture or production (and related research/distribution) that were set up on or after 1 March 2016, and to the tax administration in determining eligibility and compliance. The document does not state an explicit effective date beyond the reference to "tax year" or enactment; no decision date is provided in the text.

      Background & Scope

      Statutory hooks: Clause 199 is placed within the "New tax regime" part of the Income Tax Bill, 2025. It operates "Irrespective of anything contained in this Act, but subject to the provisions of Parts A, B and this Part other than sections 200 and 201," thereby creating a standalone concessional regime subject to limited interplay with other Parts and sections. The provision applies to "a person, being a domestic company," and allows computation of income-tax at a flat rate of 25% at the option of the company, subject to enumerated conditions. Definitions or further explanations (such as definition of "manufacture" or "domestic company") are not stated in the document.

      Statutory Provision Mode

      Text & Scope

      Clause 199(1) authorises, by company option, computation of income-tax at 25% for a domestic company for any tax year, subject to three key conditions:

      • Condition (a): The company must have been set up and registered on or after 1st March, 2016.
      • Condition (b): The company must be engaged solely in the business of manufacture or production of any article or thing, and research in relation to, or distribution of, such article or thing manufactured or produced by it. In other words, the business must be limited to manufacturing/production and related research/distribution activities.
      • Condition (c): The company's total income must be computed without certain deductions listed in sub-clause (i) and without set-off of any loss carried forward attributable to those deductions per sub-clause (ii).

      Clause 199(1)(c)(i) specifies that the computation must be without deduction under (A) sections 45(2)(c) and 47(1)(b); (B) Chapter VIII-C, other than the provisions of section 146; or (C) sections specified in section 205(1)(a) to (g). Clause 199(1)(c)(ii) bars set-off of earlier year losses that are attributable to such disallowed deductions.

      Interpretation

      The clause expresses a legislative intent to create a preferable, simplified tax rate for qualifying manufacturing companies, while preventing duplication or continuance of other specified tax benefits. The language "Irrespective of anything contained in this Act" indicates a non-obstante clause intended to give the concessional rate primacy over other general provisions, but the carve-out "subject to the provisions of Parts A, B and this Part other than sections 200 and 201" indicates preserved interaction with certain Parts and specified sections. The option-based framework (see sub-sections (3) and (4)) suggests a taxpayer election that, once made, binds the company to the regime unless a separate option u/s 200 is exercised.

      Exceptions/Provisos

      Not stated in the document: any express exemptions other than the listed exclusions from deduction. The clause contains implicit carve-outs:

      • Chapter VIII-C benefits are excluded except for section 146 (i.e., section 146 remains available, while other provisions in Chapter VIII-C are not). The document does not elaborate on the content of Chapter VIII-C or on the policy reasons for preserving section 146 only.
      • Sections specified in section 205(1)(a) to (g) are also excluded; the content of those sections is not reproduced in the clause.
      • Losses attributable to the disallowed deductions are barred from set-off; subsection (2) deems such losses to have been given full effect to, preventing future deduction-this is an absolute prohibition with no stated time limitation.

      Illustrations

      • Example 1: A domestic manufacturing company incorporated on 1 April 2017, carrying on only manufacture and distribution of its products, opts into Clause 199. It cannot claim tax deductions under Chapter VIII-C (except section 146), nor can it claim deductions u/ss 45(2)(c) or 47(1)(b). If it has earlier year losses attributable to those disallowed deductions, such losses cannot be set off in the option regime. (All specifics about amounts, calculation mechanics, and interplay with other sections are Not stated in the document.)
      • Example 2: A domestic company set up on 1 February 2016 would be ineligible because incorporation predates 1 March 2016. (The document does not state any transitional provisions.)

      Interplay

      The clause expressly limits interaction with Parts A and B and "this Part" (i.e., the Part containing the clause), excluding sections 200 and 201. It excludes Chapter VIII-C benefits (except section 146) and the listed sections in section 205(1)(a)-(g). The clause calls for an option exercised "in the manner as prescribed" with a reference point to the due date specified u/s 263(1) for filing the first return; thus, it anticipates additional procedural rules to be prescribed. Specific interaction with other Rules, Notifications, or Circulars is Not stated in the document.

      Practical Implications

      • Compliance and risk areas grounded in the document: Companies seeking the 25% rate must ensure eligibility-date of registration (on/after 1 March 2016), exclusive engagement in manufacture/production with related research/distribution, and careful computation of total income excluding specified deductions. Non-compliance with these conditions would jeopardise entitlement to the concessional rate. The clause's election mechanism, including timing linked to section 263(1), creates a procedural compliance risk if the option is not validly exercised.
      • Record-keeping/evidence points suggested by the text: Companies should maintain incorporation/registration records to evidence the registration date; detailed books and documents to demonstrate the nature of activities (manufacture/production, research, distribution) and to segregate income/expenses attributable to other businesses, if any; and documentation linking prior-year losses to specific deductions listed in Clause 199(1)(c)(i) to determine whether losses are barred from set-off.

      Key Takeaways

      • Clause 199 offers an elective flat 25% tax rate for qualifying domestic manufacturing companies incorporated on or after 1 March 2016.
      • Eligibility requires exclusive engagement in manufacture/production and related research/distribution; other business activities disqualify a company under the clause.
      • Certain deductions are expressly disallowed for companies opting into the regime-specifically sections 45(2)(c) and 47(1)(b), most of Chapter VIII-C (except section 146), and sections referred to in section 205(1)(a)-(g).
      • Losses carried forward attributable to those disallowed deductions cannot be set off; subsection (2) deems such losses to have been given full effect to.
      • The concessional rate is elective, requires prescribed procedural exercise by the due date u/s 263(1) for furnishing the first return, and once made, is binding unless section 200 is invoked; the document contains no detail on the prescribed manner.
      • The clause contains a non-obstante opening but preserves certain Parts/sections, indicating limited interplay rather than complete override of the Act.
      • Operational details (definitions, examples, prescribed forms/procedures, transitional rules, or effective date specifics) are Not stated in the document.

      Differences Between Documents and Practical Impact

      TopicEarlier Position (Clause 199 - Bill Old Version)Later Position (Section 199 - Act)
      Parts referenced as subject to"subject to the provisions of Parts A, B and this Part other than sections 200 and 201""subject to the provisions of Parts A, B, E and this Part (other than sections 200 and 201) of this Chapter"
      Reference to section 45(2)Disallowance references "sections 45(2)(c) and 47(1)(b)"Disallowance references "section 45(2) or 47(1)(b)"
      Prescription wording for exercise of option"in the manner as prescribed""in the manner as may be prescribed"
      Typographical/clerical varianceSub-section (4) references "section section 200" (duplication)Sub-section (4) references "section 200" (single)

      Practical impact of each change:

      • Inclusion of Part E in the Act's version (Section 199) expands the set of statutory provisions that the new regime is "subject to." This broadens potential interactions and conditions that survive the non-obstante clause; companies and practitioners would need to consider Part E compliance where relevant. The Bill version omitting Part E would have left such interactions narrower. (Specific contents of Part E and practical consequences are Not stated in the document.)
      • The Bill's specific reference to section 45(2)(c) narrows the disallowance to a particular sub-paragraph of section 45(2), whereas the enacted Section 199's reference to section 45(2) more broadly excludes deductions under the whole of section 45(2). The broader reference in the Act can widen the range of deductions that are incompatible with the concessional regime, increasing the number of prior benefits/losses that may be denied. This is a substantive change affecting eligibility and post-election tax position.
      • The change from "in the manner as prescribed" to "in the manner as may be prescribed" is modest; the latter is a more conventional legislative drafting phrase indicating prescription power. It likely has no material effect beyond standardising drafting.
      • Correction of a typographical duplication ("section section 200") clarifies the cross-reference; it has no substantive legal effect beyond removing ambiguity.

      Full Text:

      Section 199 Tax on income of certain manufacturing domestic companies.

      Topics

      ActsIncome Tax