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
    Retrospective Cancellation of GST Registration: Analysis of Delhi High Court’s Ruling in 2024 (1) ...
    Case LawsIncome Tax
    Deciphering Tax Implications on Capital Reduction: Navigating the Complexities of Section 115QA in I...
    Case LawsCustoms
    Navigating Regulatory Compliance: Analysis of a CHA License Revocation and Restoration Case
    Case LawsIncome Tax
    Interpreting Section 153A: ITAT Delhi's Stand on Incriminating Material in Assessments: Assessments ...
    Case LawsIncome Tax
    Reaffirming the Bounds of Section 153A: Analysis of Delhi High Court's Approach: Assessment post sea...
    Case LawsIncome Tax
    Navigating Rectification and Revised Returns: Legal Insights from ITAT Bangalore's Ruling
    Case LawsIncome Tax
    Mutual Fund Gains and Deemed Dividends: Analyzing the Delhi High Court's Landmark Judgment
    Case LawsCustoms
    Judicial Scrutiny of Customs Seizure and Redemption under the Indian Legal Framework: Foreign Curren...
    Case LawsCustoms
    The Duty of Diligence: Understanding the Legal Implications for Customs Brokers
    Case LawsCustoms
    Legal Analysis of a Customs Appeal Case Involving Mandatory Pre-Deposit Requirements
    Case LawsCentral Excise
    Legal Elucidation of Homeopathic Product Classification under Central Excise Tariff Act: Medicament ...
    The Supreme Court's In-Depth Ruling on Corporate Insolvency: Legal Implications Explored
    Money Laundering and Bail: Supreme Court's Interpretation of Section 45 PMLA
    Case LawsIncome Tax
    Reassessing Income under Section 147 Post-Quashment of Sections 153A/153C: The Waiver of Limitation ...
    Case LawsIncome Tax
    Section 153A of the Income Tax Act: A Critical Analysis of the Supreme Court's Interpretation in the...
    The Intersection of Politics, Corruption, and Judicial Review: A Case Study: Validity of order of Hi...
    Case LawsIncome Tax
    Clarity and Precision in Tax Penalty Proceedings: Insights from a High Court Judgment
    NCLAT's Authority to Recall Judgments: The Intersection of Tribunal Authority and Justice
    Detention and Release of Goods under CGST Act: Discrepancies in the CGST registration of the consign...
    The Detention of Goods under GST Law: Doubts regarding the genuineness of the consignee
❯❯
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
    Retrospective GST cancellation: court limits retroactive effect, stressing objective grounds and hearing rights for taxpayers.
    The court held that retrospective cancellation of GST registration cannot be applied mechanically and must be supported by objective grounds; mere non-filing does not automatically justify cancelling registration for earlier compliant periods. Procedural fairness requires an opportunity of being heard before imposing retrospective cancellation, and the temporal effect of cancellation should align with the taxpayer's cancellation application rather than an earlier retrospective date, given potential impacts such as denial of input tax credit.
    Case LawsIncome Tax
    Show AI Summary
    Capital reduction transactions treated outside buyback levy when executed pre amendment; buyback tax not attracted.
    The Tribunal held that the capital reduction did not qualify as a buyback for purposes of the buyback tax provision because the transaction was completed before the amendment that broadened the provision's definition; relying on precedents distinguishing capital reduction from buybacks, the Tribunal rejected the revenue's tax avoidance contention and emphasised that the transaction date governs applicability of the amended definition.
    Case LawsCustoms
    Show AI Summary
    Non transferability of CHA license: unauthorized sub letting triggered revocation, later reconsidered due to appellant hardship.
    A licensed CHA was found to have contravened CHALR by effectively transferring operational control to a Mumbai office through a Power of Attorney, breaching non transferability, CHA obligations to obtain authorisations and exercise due diligence, and supervision duties over employees; the firm was held accountable where the licence was used for financial gain.
    Case LawsIncome Tax
    Show AI Summary
    Incriminating material requirement: Section 153A assessments require material specific to the assessee, not unrelated third party statements.
    Assessments following search operations must be grounded on incriminating material specifically linked to the assessee; material or statements derived from separate or third party search proceedings cannot, alone, serve as incriminating material against an unrelated assessee. Absent assesseespecific incriminating material, additions and disallowances in such assessments lack justification and cannot properly form the basis of adverse tax adjustments.
    Case LawsIncome Tax
    Show AI Summary
    Admissibility of search statements: corroborative evidence required before additions in post-search tax assessments.
    Statements recorded under Section 132(4) have evidentiary value but cannot alone justify additions under Section 153A; corroborative material discovered during the search is required, and taxpayers must be afforded the opportunity to cross-examine and rebut adverse statements before assessments under Section 153A are finalized.
    Case LawsIncome Tax
    Show AI Summary
    Rectification under Section 154: procedural lapses should not bar correction of apparent errors in tax returns.
    Interpretation of Section 154 treats misplacement of figures in an original return as a mistake apparent from the record, qualifying for statutory rectification; a revised return filed as a genuine corrective attempt may be recognised despite procedural lapses, and tax authorities should balance procedural compliance with the need to remedy apparent errors and assist taxpayers in claiming corrections.
    Case LawsIncome Tax
    Show AI Summary
    Classification of Mutual Fund Gains: affirmed as capital gains, clarifies tests distinguishing business income and scope of deemed dividends.
    Classification of gains from mutual fund redemptions turns on intent, transaction frequency, holding period, accounting treatment and the factual matrix to determine capital gains versus business income. Distinguishing genuine capital contributions from transactions that function as distributions is essential before treating receipts as deemed dividends; absent characteristics of a loan or advance against profits, capital infusions should not be recharacterised as dividends.
    Case LawsCustoms
    Show AI Summary
    Redemption under Customs Act: deemed payment recognized as exercising the redemption option despite pandemic-related delay.
    The judgment analyzes the redemption option under the Customs Act allowing fine payment in lieu of confiscation, focusing on the prescribed timeframe and on how actions by a petitioner while seized currency remains with the department can constitute exercise of that option. Considering pandemic-related disruption, the court applied purposive interpretation and concluded the department's refusal to accept a deemed payment was unjustified and that the petitioner's steps effectively availed the statutory redemption alternative.
    Case LawsCustoms
    Show AI Summary
    Duty to exercise due diligence: strict licensing compliance can justify administrative revocation and security forfeiture for brokers.
    The headnote focuses on the duty of diligence under the CBLR 2018, identifying failures to advise clients, to verify information, and to supervise employees as breaches that can attract administrative penalties against a customs broker's licence. It also confirms that regulatory action may be initiated at the broker's registered location regardless of where the underlying transactions occurred, and highlights the need for compliance programs, client advisory practices, and employee training.
    Case LawsCustoms
    Show AI Summary
    Mandatory pre-deposit requirement: payments made during investigation can be counted toward the appeal pre-deposit, protecting access to appeal.
    Interpretation of the pre-deposit requirement focuses on counting payments made during investigation toward the mandatory deposit for appellate admissibility; authorities must account for investigation-stage deposits when assessing compliance to avoid denying appeal rights on technical grounds and to give effect to substantive payment.
    Case LawsCentral Excise
    Show AI Summary
    Medicament classification confirmed for a homeopathic hair oil based on ingredients and ordinary perception under tariff law.
    Classification of a homeopathic hair oil as a medicament depends on the ingredients test and the common parlance test. The Tribunal treated AHAHO as a medicament because it contained recognised homeopathic constituents and was labelled under the homeopathic schedule; the Supreme Court affirmed that those medicinal ingredients and the product's perception as a homeopathic medicine outweigh cosmetic imagery and over the counter availability, and that tariff amendments did not change the classificatory result.
    Case LawsIBC
    Show AI Summary
    Resolution applicant eligibility under insolvency law can be disqualified by trust and company conflicts affecting CIRP participation.
    The judgment finds that valuation disclosures and newspaper publication of Form G met CIRP regulatory requirements despite website upload issues; materially revised resolution plans must be placed before the Committee of Creditors or are procedurally irregular; commercial wisdom of the CoC governs differential treatment of creditors subject to legal compliance; promoter settlement offers and Section 12-A applications require demonstrable CoC consideration; and resolution applicant eligibility is governed by Trusts Act and Companies Act conflicts, not by assumed disqualifications absent specific disqualification orders.
    Case LawsPMLA
    Show AI Summary
    Section 45 PMLA bail standard: stringent satisfaction required on non guilt and low risk of reoffence before granting bail.
    Interpretation of Section 45 PMLA requires a stringent bail standard: courts must be satisfied on reasonable grounds that the accused is not guilty and is unlikely to commit an offence while on bail. An Enforcement Directorate investigation under the PMLA is distinct from predicate offence inquiries, so completion of predicate investigations does not substitute for the specific assessment required under the PMLA; courts must therefore evaluate the seriousness of allegations and the stage and character of the ED probe when considering bail.
    Case LawsIncome Tax
    Show AI Summary
    Reopening assessments under Section 147 requires proper review when Section 150(2) waiver is contested, not clarification.
    Reopening of assessments under Section 147 concerns whether the Assessing Officer has a reason to believe that income has escaped assessment and is subject to procedural safeguards including issuance of a statutory notice. Where prior assessments made in consequence of a search under provisions for search-based assessment were quashed, the question arises whether fresh proceedings may be initiated for income not arising from incriminating material found in the search and whether the limitation period can be waived under Section 150(2) to permit issuance of a notice for reassessment.
    Case LawsIncome Tax
    Show AI Summary
    Scope of assessment post-search: completed assessments permit additions only from incriminating material found during searches.
    The Supreme Court clarified that for assessments completed before a search, the Assessing Officer's power to reassess within the retrospective period is constrained: any additions in such completed assessments must be based on incriminating material discovered during the search, thereby limiting use of search powers to matters tied to the unearthed evidence and preventing expansion of assessments on unrelated material.
    Case LawsPMLA
    Show AI Summary
    Judicial oversight of criminal investigations must be cautious to avoid unwarranted de novo probes that disrupt investigative progress.
    The commentary critiques a High Court-ordered de novo investigation into recruitment corruption, treating such measures as extraordinary remedies that should not unsettle substantial prior investigative work. It stresses judicial discipline and adherence to precedent, warns against collusion and political interference in inquiries, recognises expanded locus standi for third parties in complex cases, affirms confidentiality of confession material with limited exceptions, and outlines the Enforcement Directorate's powers in probing and recovering proceeds of money laundering.
    Case LawsIncome Tax
    Show AI Summary
    Specificity in penalty notices: requirement to identify exact charge prevents defective proceedings and safeguards procedural fairness.
    Applicability of penalty for concealment or furnishing inaccurate particulars requires the assessing officer to specify the exact limb under which proceedings are initiated; absence of that specificity renders the penalty notice defective, undermines procedural fairness, and justifies setting aside the penalty, thereby obliging tax authorities to adhere to precise notice requirements when invoking penal provisions.
    Case LawsIBC
    Show AI Summary
    Inherent jurisdiction to recall judgments affirms tribunals can correct proceedings tainted by procedural vitiation or jurisdictional defect.
    The tribunal recognised its inherent jurisdiction to recall judgments distinct from review, holding that recall is available where procedural vitiation, fraud, lack of jurisdiction or failure of natural justice renders a proceeding a nullity. Drawing on the tribunal rules analogue to residual civil-procedure power and higher-court authority, the tribunal treated recall as an incidental order to prevent abuse of process and to correct proceedings affected by jurisdictional defect or gross procedural lapse.
    Case LawsGST
    Show AI Summary
    Detention and release under Section 129: proper tax invoice and e way bill establish owner status and permit release.
    Where goods intercepted in transit show a proper tax invoice and a valid e way bill identifying the consignor/consignee, those documents establish ownership for purposes of Section 129 and direct application of the release provision applicable when the owner comes forward; documentary compliance thus determines which release regime applies where GST registration discrepancies are alleged.
    Case LawsGST
    Show AI Summary
    Detention of goods under GST: enforcement must assess consignee genuineness and documentary compliance before imposing penalties.
    Detention of goods in transit was contested where authorities suspected the consignee's genuineness despite production of a tax invoice and an E way bill; the Court directed that enforcement action distinguish between penalty provisions and alternative statutory mechanisms, require strict procedural fairness, assess documentary evidence and consignee identity, and remit the matter for fresh administrative consideration accordingly.

    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