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
    Interpreting "Or": The Disjunctive Mandate for Personal Hearing in Tax Matters
    Case LawsIncome Tax
    Navigating the Registration Process u/s 80G: Insights from the ITAT Ruling
    Case LawsIncome Tax
    Ensuring Fair Proceedings: The Importance of Proper Notice Service in Income Tax Matters
    Demarcating Authority: High Court Clarifies Jurisdictional Limits of GST Officers
    Case LawsIncome Tax
    Unraveling the Royalty Conundrum and DTAA: ITAT's Stance on Marketing and Reservation Fees
    Case LawsIncome Tax
    Royalty or Not? Decoding the Taxability of Marketing and Reservation Contributions under India-USA D...
    Case LawsIncome Tax
    Unraveling the Intricacies: Assessing a Political Party's Claim for Income Tax Exemption
    Case LawsIncome Tax
    Bogus Capital Gains and Accommodation Entries: Unraveling the Penny Stock Scam and Tax Evasion
    Case LawsIncome Tax
    Strict Interpretation of Exemption Provisions: Supreme Court's Ruling on Section 10B(8) of the Incom...
    Case LawsIncome Tax
    Disallowance u/s 14A: Prospective or Retrospective Effect of the Amendment?
    Case LawsIncome Tax
    Navigating the Complexities of "Charitable Purpose" in Income Tax Exemptions
    Case LawsIncome Tax
    Cooperative Banks vs. Primary Agricultural Credit Societies: Implications for Section 80P Deduction
    Case LawsIncome Tax
    Exemption u/s 11: Condonation of Delay in Filing Form 10
    Case LawsIncome Tax
    Interpreting Section 249(4)(b) of the Income Tax Act: When Non-Payment of Advance Tax Cannot Dismiss...
    Case LawsIncome Tax
    Retrospective Amendments and the Doctrine of Vested Rights: A Judicial Perspective
    Case LawsIncome Tax
    Upholding Equality: HC Strikes Down Discriminatory Circular on Charitable Trust Approvals
    Case LawsIncome Tax
    Judicial Review of Income Tax Settlement Commission (ITSC) Orders: Navigating the Boundaries
    Case LawsIncome Tax
    Assessee's Lackadaisical Conduct Leads to Dismissal of Income Tax Appeal
    Case LawsIncome Tax
    Navigating the Faceless Appeal Scheme: Lessons from the Judgement on Delayed Filing and Deduction u/...
    Case LawsIncome Tax
    Unraveling the Maze of Round-Tripping: The Doctrine of "Source of Source" in Share Capital Transacti...
❯❯
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
    Case LawsGST
    Show AI Summary
    Personal hearing mandate in tax proceedings: failure to afford hearing requires reconsideration and a reasoned decision.
    Section 75(4) of the UPGST Act mandates that an opportunity for personal hearing be granted either upon a written request by the person chargeable with tax or penalty or whenever an adverse decision is contemplated; the disjunctive word "or" must be given its plain meaning, creating independent triggers for the hearing obligation. The court concluded the authorities failed to comply with this requirement and directed that a personal hearing be afforded and a reasoned order issued thereafter to ensure procedural fairness in tax adjudication.
    Case LawsIncome Tax
    Show AI Summary
    Section 80G registration: provisional approval permits subsequent final registration, with commencement dated from provisional grant.
    The tribunal construed the proviso-based registration mechanism to permit institutions granted provisional approval to apply for final registration, counting the date of commencement of activities from the grant of provisional approval; administrative circulars extending renewal deadlines apply to specified renewal applications and do not curtail the availability of final registration for provisionally approved institutions, while a view excluding applicants who commenced activities prior to provisional approval was considered inconsistent with the proviso scheme.
    Case LawsIncome Tax
    Show AI Summary
    Proper service of notice: portal-only publication cannot substitute direct communication and mandates a fresh hearing.
    Proper service of notice in income tax proceedings is essential to safeguard the right to be heard and facets of natural justice. Placing notices on an electronic portal without direct communication does not, by itself, satisfy statutory methods of service, and cannot be presumed to give the taxpayer effective notice. Where service in terms of the Act and Rules is not shown, affected parties are entitled to a fair opportunity to file replies and be heard, and the tax administration must provide a fresh hearing and issue an independent speaking order after considering the reply.
    Case LawsGST
    Show AI Summary
    Jurisdictional limits of GST officers: no proceedings against assessees assigned to counterpart authority absent cross-empowerment notification.
    The judgement clarifies that appointment and delegation of powers under the Central and State GST regimes are confined to officers appointed under each statute, and that assessees allocated administratively to Central or State authorities may be lawfully proceeded against only by those authorities unless a formal cross-empowerment notification permits otherwise; no general cross-empowerment notification exists except for limited refund purposes.
    Case LawsIncome Tax
    Show AI Summary
    Taxability of marketing contributions: non taxable where receipts are fiduciary and subject to mutuality, not royalty.
    Where receipts from hotels are received with a corresponding obligation to expend them for agreed common purposes and are held in a fiduciary capacity, such marketing contributions, reward program receipts, reservation contributions and central reservation system fees are not consideration for use of intellectual property or fees for technical services and thus do not qualify as royalty or fees for included services under the India-US DTAA, particularly in the absence of a permanent establishment and where coordinate precedent on identical facts supports non taxability under the principle of mutuality.
    Case LawsIncome Tax
    Show AI Summary
    Royalty characterization: marketing and reservation contributions treated as non-royalty under DTAA when tied to agreed-use obligations.
    Whether marketing and reservation contributions from Indian hotels to a US company qualify as Royalty or Fees for Included Services under the India-USA DTAA turns on their substantive nature: the presence of a corresponding contractual obligation to apply funds for agreed marketing, advertising and reservation activities and supporting auditor evidence indicates such receipts are not consideration for making available intellectual property or technical services, distinguishing them from factual scenarios where contributions increase brand value or transfer intangible know how.
    Case LawsIncome Tax
    Show AI Summary
    Section 13A compliance: failure to meet proviso conditions bars political party exemption and informs stay assessment approach.
    A registered political party's claim of exemption under Section 13A was rejected for failure to meet proviso conditions, including receipt of donations in breach of the cash donation prohibition; the tribunal treated non exempt voluntary contributions as income from other sources, disallowing deductions; allegations of mala fides were dismissed due to the party's procedural delays; and the tribunal's prima facie framework for stay applications-assessing merits, undue hardship, and likelihood of success-was upheld, with liberty to apply afresh to the tribunal given changed circumstances.
    Case LawsIncome Tax
    Show AI Summary
    Burden of Proof under section sixty eight: genuineness of share transactions must be established or treated as accommodation entries.
    The dispute concerned alleged bogus long term capital gains from penny stock trading characterised as an accommodation entry; revenue contested genuineness, identity and creditworthiness of parties while assessees relied on expert and market information. Applying the doctrine of preponderance of probabilities, the court reiterated that the initial burden to prove identity and genuineness lies with the assessee, criticised inadequate enquiries by authorities, rejected expert and media reliance as a substitute for due diligence, and described the accommodation entry modus operandi leading to findings that the transactions were not satisfactorily proved.
    Case LawsIncome Tax
    Show AI Summary
    Strict compliance with exemption conditions: declaration and filing deadline mandatory; revised returns cannot introduce new exemption claims.
    The Court held that both conditions for claiming the exemption-furnishing a written declaration to the assessing officer and submitting it before the due date for the original return-are mandatory and must be strictly complied with. It rejected treating the time limit as directory, distinguished deduction-related authorities, and held that a revised return cannot introduce new exemption claims or claim carry-forward benefits not made in the original return.
    Case LawsIncome Tax
    Show AI Summary
    Retrospectivity of tax amendment: amendment held prospective; prior rule barring disallowance where no exempt income applies.
    The court held that the Finance Act amendment described as "for removal of doubts" cannot be given retrospective effect where it alters prior law; the Finance Bill memorandum fixing commencement determined prospectivity, and existing Division Bench precedent that no disallowance can be made if no exempt income was earned was applied, subject to the ultimate outcome of the pending higher court challenge.
    Case LawsIncome Tax
    Show AI Summary
    Charitable purpose clarified: statutory public bodies generally exempt; commercial receipts taxed under quantitative proviso, with annual scrutiny required.
    The judgement narrows the scope of charitable purpose under Section 2(15) by treating statutory public utility bodies as generally exempt while excluding income from commercial activities beyond core regulatory or public-interest functions. Trade-promotion and non-statutory bodies may qualify if charges are nominal, but ancillary fee-generating services and high-fee providers produce taxable commercial receipts. Private trusts' advertisement income is commercial. Assessing authorities must perform yearly scrutiny and apply the proviso's quantitative limits to determine exemption eligibility.
    Case LawsIncome Tax
    Show AI Summary
    Deduction 80P eligibility turns on whether a cooperative society's banking status classifies it as a cooperative bank; AO to verify.
    A cooperative society carrying on deposit-taking and lending, issuing cheques and providing banking services may fall within the banking business definition under the Banking Regulation Act; whether it qualifies as a cooperative bank under that Act-affected by its bye-laws and membership rules-must be determined by fact-specific examination to decide entitlement to the cooperative deduction.
    Case LawsIncome Tax
    Show AI Summary
    Condonation of Delay in Filing Form Ten: reasonable professional oversight accepted, delay condoned and rectification allowed.
    Condonation of delay in filing Form Ten was granted where the auditor's bona fide oversight-reporting accumulation in the audit report (Form Ten B) and misconstruing separate filing requirements-led to a 361 day delay; the court found the lapse inadvertent amid pandemic conditions, accepted the explanation, quashed the refusal order and permitted rectification steps, treating the delay as condoned.
    Case LawsIncome Tax
    Show AI Summary
    Advance tax obligation: absence of taxable income prevents dismissal of appeal for non-payment of advance tax.
    The Tribunal held that the advance tax payment condition for appeal maintainability applies only when the assessee had a legal obligation to compute and pay advance tax; in the absence of taxable income no such obligation exists, and an appeal cannot be dismissed solely for non-payment of advance tax. The Tribunal directed that the matter proceed to merits with an opportunity to be heard, stressing that the payment requirement must be applied in light of factual circumstances.
    Case LawsIncome Tax
    Show AI Summary
    Vested rights preserved against retrospective tax amendments; filings made before enactment remain effective for settlement consideration.
    The court addressed whether a retrospective Finance Act amendment prohibiting settlement applications from a specified date could divest a taxpayer who filed earlier of its vested right to have the application considered. It held that retrospective legislation cannot take away rights already accrued by actions completed before enactment unless clearly intended; that section 119 confers time-extension power but cannot impose new substantive eligibility conditions; and that administrative delay by revenue does not justify denying access where an application was already filed.
    Case LawsIncome Tax
    Show AI Summary
    Reasonable classification principle: differential deadline for charitable trust tax recognition cannot lack rational basis or equality protection.
    A departmental circular extended a filing deadline for tax recognition to mitigate hardship but excluded newly formed charitable trusts without offering reasons; the exclusion lacked an intelligible differentia and rational nexus to the circular's object, making the differential treatment arbitrary and ultra vires the constitutional guarantee of equality, requiring the excluded applications to be treated as within time and decided on merits.
    Case LawsIncome Tax
    Show AI Summary
    ITSC jurisdiction extends beyond application disclosures, while full and true disclosure and narrow judicial review govern settlement oversight.
    The Income Tax Settlement Commission may inquire into and decide issues disclosed in the application and any other matters relating to the case as reflected in the Commissioner's report or uncovered by further inquiry; full and true disclosure is mandatory and amendments or contradictory positions that undermine that requirement are impermissible, yet contesting taxability before the Commission does not automatically negate disclosure; judicial review is limited to statutory contravention, prejudice, fraud, bias or malice, while sufficiency of materials placed before the Commission is generally beyond routine court scrutiny.
    Case LawsIncome Tax
    Show AI Summary
    Delay condonation denied where litigant's evasive conduct and non participation failed to constitute sufficient cause for appeal filing.
    The court refused condonation of delay for filing an appeal where a best judgment assessment treated cash bank deposits as unexplained after the assessee failed to file returns or participate in proceedings; reliance on transition to a faceless e filing regime and lack of alerts was held insufficient, as the assessee's evasive and habitual non participation did not amount to sufficient cause warranting condonation under the applicable doctrine.
    Case LawsIncome Tax
    Show AI Summary
    Sufficient cause for delay in filing appeals rejected where faceless scheme migration did not excuse prolonged inaction.
    The court held that migration to a faceless appeal system did not, without persuasive evidence, constitute sufficient cause to condone a lengthy delay in filing an appeal, finding the explanation reflective of litigant inaction rather than unavoidable impediment. On tax deduction, the court applied authority that a non-obstante clause does not negate the employer's obligation to deposit employees' statutory contributions by the due date as a condition for claiming the deduction, and treated the appeal as meritless and barred by limitation.
    Case LawsIncome Tax
    Show AI Summary
    Source of source doctrine used to pierce the corporate veil where share capital appears round tripped among related entities.
    The assessee must prove identity, genuineness and creditworthiness of investors under section 68; examination extends to the true origin of funds where bank records show circular transfers, related party directorships, lack of business operations, and arbitrary share premium, permitting lifting the corporate veil and application of the source of source doctrine to treat such receipts as not satisfactorily explained.

    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 201 "Tax on income of new 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 201 Tax on income of new manufacturing domestic companies.

      Income-tax Act, 2025

      At a Glance

      Document considered: Clause 201 of the Income Tax Bill, 2025 (Old Version) titled "Tax on income of new manufacturing domestic companies." It provides an elective concessional tax regime for certain newly set-up domestic manufacturing companies and specifies conditions, computation rules and exclusions. Affected parties: domestic companies engaged in manufacture/production and the tax administration. Effective/decision date: Not stated in the document.

      Background & Scope

      The clause is framed as part of an Income Tax Bill, 2025. Statutory hooks referenced within the clause include Parts A, B and this Part of the Chapter (with an express exception for sections 199 and 200), and multiple provisions across the Income-tax enactment (sections 45(2)(c), 47(1)(b), Chapter VIII except sections 146 and 148, section 205(1)(a) to (g), section 116(1), section 205(4), section 205(2), and section 263(1) for due dates). The provision is limited to "a domestic company engaged in business of manufacture or production of any article or thing," and creates an option for such a company to compute income-tax at specified concessional rates subject to enumerated conditions and computation rules set out in sub-sections (2)-(5).

      Statutory Provision Mode

      Text & Scope

      Clause 201 creates an elective special tax computation regime for a domestic company engaged in manufacturing or production of any article or thing. The regime operates "irrespective of anything contained in this Act," but is subject to the provisions of Parts A, B and this Part (other than sections 199 and 200). The Table prescribes four tax treatments: (a) 15% on total income except incomes in clauses (b), (c), (d); (b) 22% (without any deduction or allowance) on income that is neither derived from nor incidental to manufacturing/production and for which no specific rate has been provided separately under this Part; (c) 22% on short-term capital gains from transfer of capital asset on which no depreciation is allowable; (d) 30% on income deemed u/s 205(4). Eligibility is conditional on specified criteria in column D: exercise of the option as per sub-section (2); set-up/registration on or after 1 October 2019; commencement of manufacturing/production on or before 31 March 2024; total income computation as per sub-section (3); and fulfilment of sub-section (5) and section 205(2).

      Interpretation

      The clause expresses a legislative intent to provide an elective concessional tax regime for newly established manufacturing companies, but subject to precise temporal and procedural conditions. The "irrespective of anything contained in this Act" opening indicates a stand-alone/comprehensive computation model, constrained only by specified Parts and sections. The requirement that certain incomes be taxed at fixed percentage rates, and the prohibition in clause (b) on any deduction or allowance for the 22% category, indicate an intent to simplify/compress the tax base for qualifying incomes. The option mechanism and the non-withdrawable nature (sub-section (2)(c)) suggest a durable election once validly made.

      Exceptions/Provisos

      Key carve-outs and conditions include:

      • Temporal eligibility: set-up and registration on or after 1 October 2019; commencement of manufacturing/production on or before 31 March 2024.
      • Computation constraints under sub-section (3): exclusions from deductions (specified sections) and prohibition on set-off of certain losses/unabsorbed depreciation per section 116(1) where attributable to excluded deductions.
      • Option mechanics: must be exercised on or before the due date specified u/s 263(1) for furnishing the first return for any tax year; once exercised, it applies to subsequent years and cannot be later withdrawn.
      • Invalidation: failure to fulfil eligibility conditions in any tax year causes invalidation of the option for that year and subsequent years, with application of other Act provisions as if the option had not been exercised.
      • Amalgamation rule: option survives only for the amalgamated company if the conditions in sub-section (1) continue to be satisfied by that company.

      Illustrations

      • Example 1: A domestic company established on 15 November 2019 that commenced commercial manufacturing on 10 March 2024 and validly exercises the option by the specified due date will compute its manufacturing income at 15% and, if it has non-manufacturing income not covered by specific rates under this Part, such income will be taxed at 22% without deductions, pursuant to the Table. (Facts not beyond the text.)
      • Example 2: If a qualifying company derives short-term capital gains on a capital asset on which no depreciation is allowable under the Act, such gains will be taxed at 22% as per clause (c). (Directly from the text.)

      Interplay

      The clause expressly interacts with multiple other sections and Parts: it disapplies general provisions except as noted and requires computation "as per the provisions of sub-section (3)" which cross-references sections 45(2)(c), 47(1)(b), Chapters and specified parts of section 205, and section 116(1). It also refers to section 205(4) for deemed income at the 30% rate and to section 205(2) in eligibility. The option exercise due date is linked to section 263(1). The Bill itself does not include other notifications, rules or circulars; if any such instruments exist, they are Not stated in the document.

      Differences between the two provided provisions and Practical Impact

      Comparison of the two documents (Section 201 - final statute as shown at Document 1, and Clause 201 - Bill old version at Document 2) reveals the following textual differences and their practical impact strictly as can be derived from the text:

      • Reference to Parts of the Chapter: The Bill (Document 2) refers to "Parts A, B and this Part" while the later version (Document 1) refers to "Parts A, B, E and this Part."
        • Practical impact: The inclusion of Part E in the later text expands the corpus of provisions under which specific rates of tax may be provided or under which interactions must be considered; consequently, the scope of provisions with which the concessional regime must be read may be broader in the later text. From the Bill text alone: the regime, as drafted there, excludes interaction with Part E; Document 1 includes Part E-thereby potentially changing the applicability of certain rates and interactions. (All conclusions are based on the textual difference; no external facts are stated.)
      • Clause (b) scope language: In the Bill (Document 2) clause (b)(ii) limits the 22% treatment to income "in respect of which no specific rate of tax has been provided separately under this Part." The later version (Document 1) instead references "under Parts A, B, E and this Part."
        • Practical impact: The Bill's narrower reference confines the carve-out to this Part only; the later version's wider reference brings within its ambit any specific rates provided in Parts A, B or E. This alters which incomes qualify for the 22% treatment under clause (b) depending on whether specific rates are in Parts A/B/E.
      • Specific cross-references and subsection numbering: The Bill lists "sections 45(2)(c) and 47(1)(b)" while the later text lists "section 45(2) or 47(1)(b)." The Bill cites "Chapter VIII other than sections 146 and 148" (plural) while the later text says "Chapter VIII other than section 146 or 148" (singular/or). The Bill refers to "section 205(1)(a) to (g)" (as a range) whereas the later text uses "sections specified in 205(1)(a) to (g)." The Bill cites "section 116(1)" whereas the later text cites "section 116."
        • Practical impact: These are drafting/precision differences. Where a specific sub-clause is cited in the Bill (e.g., 45(2)(c)), that confines the exclusion to that sub-clause rather than the whole of 45(2). Likewise, citing 116(1) narrows reference to that sub-subsection rather than section 116 as a whole. The practical consequence is interpretive: the Bill's more specific references potentially narrow the exclusions from deduction/set-off; the later text's broader references widen them. Absent other material, the Bill's text would limit the non-allowance of specific deductions to the narrowly enumerated paragraphs, whereas the later text indicates a broader non-allowance.
      • Minor drafting/format differences: Variations in plurality and punctuation (e.g., "such option, once exercised, shall apply to subsequent tax years;" appears same in both) do not change substance.
        • Practical impact: Minimal, limited to clarity and potential interpretive emphasis.

      Practical Implications

      • Compliance and risk areas: Companies must track the temporal eligibility windows (set-up/registration and commencement dates), adhere to the option exercise deadline linked to section 263(1), and monitor continued fulfilment of conditions annually because a breach invalidates the option prospectively. The prohibition on certain deductions and set-offs requires careful computation and documentation to demonstrate attribution of losses/depreciation to excluded deductions.
      • Record-keeping/evidence: The text implies the necessity of contemporaneous evidence of incorporation/registration date, date of commencement of manufacturing/production, records establishing the nature of income (manufacturing versus non-manufacturing), allocation studies to show whether losses or depreciation are attributable to excluded deductions, and records evidencing exercise of the option within the prescribed manner and deadline. Specific forms/procedures for exercise are Not stated in the document.

      Key Takeaways

      • Clause 201 offers an elective concessional tax computation for newly set-up domestic manufacturing companies with fixed percentage tax rates for categories of income.
      • The option is time-sensitive, irrevocable once exercised, and may be invalidated upon failure to meet conditions in any year.
      • Certain deductions and set-offs are excluded when computing total income for purposes of the regime; precise cross-referenced sections limit allowable deductions.
      • Eligibility is contingent on incorporation/registration and commencement dates; these temporal thresholds are integral to qualification.
      • On amalgamation, the option survives only if the amalgamated company continues to satisfy the enumerated conditions.
      • Interplay with other Parts and sections is extensive; precise statutory cross-references create interpretive points that may require careful statutory construction.
      • Procedures, prescribed manner of exercising the option, and exact forms or rules for implementation are Not stated in the document.

      Full Text:

      Section 201 Tax on income of new manufacturing domestic companies.

      Topics

      ActsIncome Tax