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
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
    Electronic Communication (E-Service) of Show Cause Notices on the GST Portal: Limits of Validity and...
    Electronic Credit Ledger and Revenue Protection: A Strict Construction of Rule 86A under the CGST Re...
    Case LawsIncome Tax
    Search, Seizure, and Total Income: Interpreting Section 153A in Light of Incriminating Material - 20...
    Case LawsCustoms
    Writ Jurisdiction and Alternative Remedies: Bypassing Statutory Mechanisms: Limits of Article 226 Wh...
    Input Tax Credit (ITC) denial on Share Buybacks under GST: Furtherance of Business vs. Statutory Exc...
    Deeming Fictions and ITC Reversal: Gujarat AAAR on Mutual Fund Transactions as Exempt Supplies
    Show Cause, Don't Pre-Determine: Judicial Scrutiny of Section 74 Notices under the TNGST Act / CGST ...
    Case LawsBenami Property
    Benami Attachments and the Collapse of Precedent: Tribunal's Response to the Ganpati Dealcom Review
    Case LawsCentral Excise
    Dead Credits and Transitional Limits: CESTAT Larger Bench on Refund of Education and Krishi Kalyan C...
    Case LawsMoney Laundering
    Judicially Crafted SOP: Kerala High Court on Bank Powers to Freeze Suspicious Accounts under PMLA
    Case LawsIncome Tax
    Computer-Aided Scrutiny: Invalid Scrutiny Notices and CBDT Instructions: ITAT Kolkata Quashes Assess...
    Case LawsCustoms
    High Speed Diesel or Base Oil? Scientific Evidence, Expert Opinion and Tariff Interpretation under C...
    Case LawsIncome Tax
    Characterisation of Aircraft Leases under the India-Ireland DTAA: Operating Lease, Financial Lease, ...
    Case LawsMoney Laundering
    Cognizance, Custody and Complaints under PMLA: The Supreme Court's Integration of BNSS and CrPC Norm...
    Case LawsIncome Tax
    Rental of Aircraft in International Traffic: Dry Leasing and Permanent Establishment: Article 8(1) o...
    Case LawsIncome Tax
    MLI, PPT and Aircraft Leasing: Operating vs. Finance Lease and PE Risk in Aircraft Leasing: Reassess...
    E-Way Bills, Expiry and Intent (Mens Rea): Reassessing GST Penalties: Reading Sections 129 and 130 i...
    Case LawsMoney Laundering
    Arrest, Presumption, and Proceeds of Crime: A Holistic Analysis of PMLA Bail Jurisprudence in a GST-...
    Case LawsCustoms
    Classification of Wheel Loaders under Heading 8429: From Practice to Principle: Mining Use, HSN Note...
    Case LawsIncome Tax
    Limits of Revisional Jurisdiction: Adequate Enquiry, Limited Scrutiny, and the Proper Use of Section...
❯❯
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
    Electronic service of GST show cause notices must be in the prescribed portal location to ensure a real opportunity to be heard.
    Uploading an SCN only under a secondary portal compartment, rather than the primary prescribed location, does not constitute due communication; where an adverse decision is contemplated the Proper Officer must afford an opportunity of hearing, and defective electronic service that prevents participation vitiates the ensuing adjudication, permitting writ intervention to set aside and remit for proper notice and hearing.
    Case LawsGST
    Show AI Summary
    Electronic Credit Ledger blocking permitted only up to ITC actually available; negative balances and extra statutory recovery are impermissible.
    Rule 86A may be invoked only where input tax credit is actually available in the Electronic Credit Ledger at the time of the blocking order; the power permits disallowing debit equivalent to such available credit as a temporary preventive measure and does not authorize creation of negative ledger balances or serve as a recovery provision. Excess blocking beyond the ECL balance is ultra vires and recovery must proceed under the Act's substantive provisions.
    Case LawsIncome Tax
    Show AI Summary
    Search assessments under section 153A permit full reassessment for abated years but limit reopened completed years to incriminating search material.
    Section 153A's assessment power is search-linked: for abated years the AO may reassess total income afresh, but for completed/unabated years additions under section 153A are permissible only where specific incriminating material relating to that year is found during the search; absent such material, disturbance of a completed assessment must proceed, if at all, under sections 147-148 subject to their conditions.
    Case LawsCustoms
    Show AI Summary
    Customs appeals: High Court writs are generally restrained where a statutory High Court remedy exists and limitation lapsed.
    Where a statute provides a remedy to the High Court itself, the High Court will ordinarily decline writ intervention under Article 226 to avoid bypassing the statutory machinery; a litigant who has by his own default allowed the statutory limitation for a reference or appeal to lapse cannot ordinarily rely on Article 226 to cure that lapse, and claims of tribunal non consideration demand clear, specific, verified pleadings.
    Case LawsGST
    Show AI Summary
    Share buybacks and GST: expenses tied to buybacks are not eligible for ITC, and common ITC must be reversed.
    The authority held that shares are "securities" excluded from "goods" and "services," but section 17(3) and the Chapter V rules treat "transactions in securities" as part of the "value of exempt supply" for ITC apportionment; therefore GST paid on expenses directly related to a share buyback is not eligible as ITC under section 16(1), and common ITC attributable to both taxable operations and the buyback must be reversed using the prescribed deeming values.
    Case LawsGST
    Show AI Summary
    Mutual fund redemptions require proportionate ITC reversal under GST deeming provision; valuation set at 1% of sale value.
    A statutory deeming provision includes transactions in securities within the value of exempt supply for ITC apportionment; the Explanation to the input tax credit rules fixes the value of a security at 1% of its sale value, and redemption of mutual fund units is treated as a sale for this limited valuation purpose, requiring proportionate ITC reversal where common inputs serve both taxable operations and such investment transactions.
    Case LawsGST
    Show AI Summary
    GST extended-period proceedings require show cause notices to allege and disclose fraud or wilful misstatement.
    Extended limitation under GST is available only where the tax shortfall is "by reason of" fraud, wilful misstatement or suppression to evade tax; these are jurisdictional facts. Show cause notices must allege such conduct and disclose the material basis for that inference, and must specify proposed amounts without language of final determination. Invocation of extended limitation without these ingredients vitiates proceedings and precludes remand; authorities may pursue recovery under the normal limitation where applicable.
    Case LawsBenami Property
    Show AI Summary
    Benami property orders grounded on a recalled precedent must be re-adjudicated without treating that precedent as binding.
    The Tribunal held that where an adjudicatory order under the PBPTA is substantially founded on a Supreme Court judgment that has been recalled on review, that order cannot stand; the correct remedial course is to set aside and remit for de novo adjudication so the Adjudicating Authority may re-examine evidence and apply the law without treating the recalled Ganpati Dealcom decision as binding on the question of the amendments' temporal applicability.
    Case LawsCentral Excise
    Show AI Summary
    Transition of cess credits: abolished cess balances are dead credits, not eligible for GST transition or cash refunds.
    Unutilised Education Cess, Secondary & Higher Education Cess and Krishi Kalyan Cess balances whose utilisation was limited to the same cess and whose levies were abolished became dead CENVAT credits; they were not eligible for transition under the exhaustive list in Section 140 and its Explanations, and Section 142(3) only prescribes payment in cash where refund is otherwise due under existing law, not a new substantive right to refund or a means to evade pre GST limitation.
    Case LawsMoney Laundering
    Show AI Summary
    Bank account freezes: limited temporary freezes permitted on reasonable suspicion, with strict notice, review and three month cap.
    A narrow implied power exists for banks to impose a temporary debit freeze without prior notice when there are reasonable grounds to suspect use of an account for money laundering or cyber fraud; this power must be exercised with same day communication to the accountholder, mandatory intimation to investigative authorities with proof, a one week window for accountholder explanation and bank decision, and a maximum three month continuation absent directions from competent authorities, after which the freeze must be lifted and access to the credit balance restored.
    Case LawsIncome Tax
    Show AI Summary
    Section 143(2) notices not following CBDT formats invalidate ensuing scrutiny assessments; computer generation does not cure the defect.
    A scrutiny notice that does not conform to CBDT-prescribed formats-specifically by failing to specify whether selection is for limited, complete, or compulsory manual scrutiny-is not a valid jurisdictional notice; non compliance with the binding CBDT Instruction vitiates the Assessing Officer's authority and renders any consequent scrutiny assessment void ab initio. Computer generation of the notice does not cure the defect. A pure legal challenge to such notice validity may be admitted at the appellate stage where no new facts are required.
    Case LawsCustoms
    Show AI Summary
    Imported petroleum product: partial testing and non categorical reports cannot sustain classification as high speed diesel under tariff rules.
    Classification requires evidence addressing all IS 1460:2005 parameters or, where full conformity is lacking, a Rule 4 "most akin" analysis showing closest resemblance among candidate headings based on reliable, reasoned laboratory results and expert opinion; partial testing or non categorical reports do not suffice to support penal or confiscatory measures.
    Case LawsIncome Tax
    Show AI Summary
    Aircraft leases with no purchase option and retained lessor title remain operating leases, not interest-bearing financings.
    Where aircraft lease documentation preserves legal title in the lessor, imposes a return obligation without any purchase option or residual-payment mechanism, and regulatory treatment aligns with operating-lease norms, the arrangement constitutes an operating lease; absent an enforceable transfer of ownership to the lessee at term end, lease rentals cannot be re-characterised as interest for treaty purposes merely because of lease tenure or finance-like pricing.
    Case LawsMoney Laundering
    Show AI Summary
    PMLA complaints: BNSS imposes mandatory pre-cognizance hearing, affecting cognizance and arrest powers in money laundering cases.
    PMLA complaints are now governed by the general complaint-cognizance framework and, for complaints filed after BNSS commencement, by the corresponding BNSS provisions; the BNSS proviso requiring that the accused be given an opportunity to be heard before cognizance is mandatory, and failure to provide that opportunity invalidates the cognizance order. A scheduled predicate offence is a condition precedent to the existence of proceeds of crime and hence to PMLA liability, and once cognizance is taken, enforcement agencies' unilateral arrest powers against named accused are curtailed pending court-authorised custody.
    Case LawsIncome Tax
    Show AI Summary
    Aircraft leasing: treaty text treats rental income as taxable in the lessor's residence when aircraft form part of international traffic.
    Whether leased aircraft create a fixed place Permanent Establishment depends on the disposal test: operational control and the right to use and conduct business from the place must vest in the enterprise; mere ownership and protective inspection or repossession rights do not suffice. Profit attribution to any alleged PE requires a FAR based arm's length analysis under Article 7(2), and Article 8(1)'s express inclusion of "operation or rental" covers rental income from aircraft forming part of a fleet used in international traffic, allocating taxing rights to the State of residence.
    Case LawsIncome Tax
    Show AI Summary
    Aircraft leasing: MLI PPT not applicable without section 90(1) notification; operating leases and Article 8(1) allocate rental tax to Ireland.
    The Tribunal ruled that Articles 6-7 of the MLI cannot be applied against the India-Ireland DTAA without a specific section 90(1) notification; alternatively, the Revenue failed to show PPT-based abuse. Contractual and regulatory analysis classified the transactions as operating leases; no fixed place PE existed in India; and Article 8(1) allocates taxing rights on rental of aircraft in international traffic to Ireland.
    Case LawsGST
    Show AI Summary
    E-way bill expiry alone cannot prove intent to evade tax; penalties require material indicating actual evasion.
    Expiry or non-generation of an e-way bill, by itself, does not establish intent to evade tax; penal action for movement in contravention requires material indicating diversion, mis-declaration or other indicia of tax risk. Where genuine invoices, correct particulars and evidence explaining delay exist and any fresh e-way bill is produced prior to final orders, authorities must record reasoned findings on intent; absent such material, detention, seizure and confiscation regime cannot be sustained and such misapplication is reviewable on certiorari.
    Case LawsMoney Laundering
    Show AI Summary
    PMLA bail in GST-ITC syndicate case: High Court upholds arrest validity and denies bail under twin conditions.
    The High Court held the PMLA arrest valid because the authorised officer recorded written reasons to believe and furnished written grounds of arrest; it found prima facie involvement in money laundering from corroborated banking, corporate and recorded-statement evidence establishing foundational facts of proceeds of crime; the statutory presumption applied and shifted the burden to the accused; and the mandatory twin bail conditions were not satisfied given the alleged magnitude, sophistication and continuing nature of the GST-ITC fraud, so regular bail was refused.
    Case LawsCustoms
    Show AI Summary
    Wheel loaders classification: tribunal finds front end shovel loaders heading applies; no penalties without mala fide intent.
    Self propelled wheeled machines with front mounted buckets are classifiable under TI 8429 5100 as front end shovel loaders regardless of mining use; invocation of the extended period u/s 28(4) requires evidence of collusion, wilful mis statement or suppression with intent to evade duty, and long standing departmental acceptance plus full disclosure negates mala fides; misclassification or wrong exemption claim alone does not justify confiscation u/s 111(m) or penalties u/ss 114A/114AA without proof of knowingly false description or fraudulent conduct.
    Case LawsIncome Tax
    Show AI Summary
    Income tax revisional jurisdiction: if AO investigated, PCIT must decide merits or record specific investigative failure, not remand.
    Where the Assessing Officer has conducted enquiries and accepted the assessee's explanation, the revisional authority cannot remand the assessment on a generic claim of inadequate enquiry; it must either record an abject failure to investigate with specific findings or decide the issue on merits in the revisional order and demonstrate error and prejudice.

    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