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
    ManualsIncome Tax
    Can ICDS apply to a person following cash system of accounting and to the person whose books of acco...
    Switching from normal payment of tax composition scheme - Whether the assessee is liable to reverse ...
    Switching from composition scheme to normal scheme of payment of tax - Whether the assessee is eligi...
    Can a registered person, who purchases goods from a composition manufacturer / trader (dealer / supp...
    In case of a person who is/was availing composition scheme u/s 10. What will be the due date of paym...
    What is the due date of payment of Tax under GST? What is the due date for payment of tax (GST) and ...
    Whether a person who is opting for Composition u/s 10 of the GST, is required to pay GST at composit...
    A person who was making inter-state supplies during the previous year but not making inter-state sup...
    How to determine Turnover limit for availing the benefit of composition scheme? Is it required to be...
    What is the validity of composition levy? Whether intimation is required to be submitted each year f...
    Can the option to pay tax under composition levy be exercised at any time of the year?
    Can a person paying tax under composition levy, withdraw voluntarily from the scheme? If so, how?
    Can an Importer of goods or services opt to pay tax under composition scheme under GST?
    Can an exporter of goods opt to pay tax under composition scheme under GST?
    Can a person paying tax under composition scheme under GST make supplies of goods to SEZ?
    Whether a person having turnover much below ₹ 75 Lakhs (Rs. 50 lakhs as the case may be) as on...
    A person availing benefit of composition scheme under GST, want to be a casual dealer in another sta...
    Who are not eligible to opt for composition scheme? Whether certain manufacturers (like Ice cream, P...
    A person availing composition scheme during a financial year crosses the turnover of ₹ 75 Lakh...
    Whether a person supplying goods through Electronic Commerce Operator, is eligible to opt compositio...
❯❯
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
    ManualsIncome Tax
    Show AI Summary
    ICDS applicability limited to mercantile accounting; excludes cash-accounting and individuals/HUFs not subject to tax audit.
    ICDS applies to persons following the mercantile system of accounting and does not apply to those following the cash system. For individuals and HUFs, ICDS is applicable only if they carry on business or profession and their books are required to be audited under the tax audit provisions; it does not apply where there is no business or professional income even if mercantile accounting is followed for other heads.
    ManualsGST
    Show AI Summary
    Reversal of Input Tax Credit on switching to composition scheme; capital goods credit prorated by remaining useful life.
    Switching to the composition scheme requires reversal of Input Tax Credit on inputs, inputs in semi finished or finished goods held in stock, and capital goods held in stock as on the day before the option is exercised, by payment from the electronic credit or cash ledger after prescribed reductions. For capital goods, reversal is prorated by remaining useful life using an assumed five year useful life, with the credit attributable to remaining months computed as original credit multiplied by remaining months divided by sixty.
    ManualsGST
    Show AI Summary
    Input tax credit eligibility on switching from composition to normal scheme - capital goods credit reduced over time, subject to time bar.
    A taxpayer switching from the composition scheme to the normal scheme may claim Input Tax Credit for inputs, inputs in goods held in stock, and capital goods held immediately before liability to pay tax, but credit for capital goods must be reduced by the prescribed periodic reduction measured from the invoice or receipt date, and no credit may be claimed for supplies after one year from the tax invoice date.
    Act RulesGST
    Show AI Summary
    Input Tax Credit denial: purchases from composition taxpayers are ineligible for ITC under the GST regime.
    A composition scheme taxpayer is excluded from the input tax credit chain, cannot issue a tax invoice or collect tax, and must state that no credit is available. Consequently, a registered person purchasing from a composition dealer cannot claim Input Tax Credit because the supplier does not charge GST in a manner that would enable the recipient to treat the payment as tax paid for ITC purposes.
    Act RulesGST
    Show AI Summary
    Composition scheme threshold triggers monthly tax payment and monthly returns requirement for the affected taxpayer.
    A taxpayer under the Composition Scheme may pay and file on the quarterly schedule (guidance noting payment on the 18th and quarterly return on the 18th after quarter-end). If the taxpayer crosses the threshold or withdraws from composition, they become a regular taxable person and must pay tax and furnish returns monthly by the 20th of the following month for the remainder of the financial year and subsequent years.
    Act RulesGST
    Show AI Summary
    GST payment due date: monthly filers pay with next-month return; composition filers pay with quarterly return.
    Tax under GST must be paid not later than the return's due date. Monthly filers must file GSTR-3 and pay tax by the twentieth day of the month following the tax month. Composition taxpayers under the composition scheme file quarterly in GSTR-4 and must pay tax by the eighteenth day after the quarter ends.
    Act RulesGST
    Show AI Summary
    Composition levy on exempt supplies raises eligibility ambiguity due to turnover inclusion versus ineligibility for non leviable supplies.
    The composition levy's tax base, as defined by turnover, expressly includes exempt supplies, indicating that composition tax is payable having regard to exempted goods; however, Section 10(2)(b) disqualifies persons making supplies "not leviable to tax," creating an ambiguity whether exempt supplies (which definitionally includes nil rated and wholly exempt supplies and non taxable supplies) render a person ineligible for composition. Commentators note this tension and call for clarification or amendment to reconcile the turnover inclusion with the eligibility restriction.
    Act RulesGST
    Show AI Summary
    Eligibility for composition scheme may be barred by prior inter state supplies, even if current turnover is below threshold.
    A registered person who made inter state supplies during the previous year is ineligible to opt for the composition scheme in the current year, because eligibility under Section 10 is determined with reference to the preceding financial year; thus the absence of inter state supplies must be assessed for the previous year even if turnover remains below the threshold.
    Act RulesGST
    Show AI Summary
    Composition scheme eligibility: turnover in preceding financial year determines entitlement; aggregate turnover is all-India and fresh declaration required.
    Eligibility for the composition scheme depends on aggregate turnover in the preceding financial year not exceeding the prescribed threshold; aggregate turnover is computed on an all India basis and includes taxable supplies (excluding inward reverse charge supplies), exempt supplies, exports and inter State supplies by the same PAN, while excluding GST and cess. Eligibility is reassessed each year; a fresh declaration is required to opt into the scheme after becoming eligible.
    Act RulesGST
    Show AI Summary
    Composition scheme validity continues while statutory conditions are met; annual intimation is not required for eligible taxpayers.
    The composition levy remains valid so long as statutory eligibility conditions and applicable CGST Rules are complied with; no fresh annual intimation is required if those conditions continue to be met.
    Act RulesGST
    Show AI Summary
    Composition levy option must be elected before the financial year begins; prior electronic intimation required.
    The option to pay tax under the composition levy must be exercised by giving electronic intimation in FORM GST CMP-02 prior to the commencement of the relevant financial year under the Central Goods and Services Tax Rules, 2017.
    Act RulesGST
    Show AI Summary
    Composition levy withdrawal: file FORM GST CMP-04 and submit FORM GST ITC-01 detailing stock within the prescribed period.
    Withdrawal from the composition scheme is effected by filing a duly signed or verified application in FORM GST CMP-04, and the applicant must electronically furnish FORM GST ITC-01 detailing stock of inputs and inputs contained in semi-finished or finished goods held on the date of withdrawal within thirty days of withdrawal.
    Act RulesGST
    Show AI Summary
    Composition scheme: importers may remain in composition though IGST on imports may not yield input tax credit, service providers excluded.
    Importers can opt for the composition scheme where otherwise eligible; there is no categorical bar on importers availing composition levy. IGST is payable on import and such tax may not yield input tax credit for a composition taxpayer. Pure service providers remain ineligible for composition, and importing services for business or captive consumption does not automatically make a person a service provider or disqualify composition eligibility.
    Act RulesGST
    Show AI Summary
    Composition scheme eligibility: exporters cannot use composition tax where their supplies are treated as inter State, barring such option.
    Exports are treated as inter State supplies for GST purposes. The composition levy prohibits a taxpayer from making inter State outward supplies of goods while paying tax under the composition scheme. Therefore, an exporter whose transactions are classified as inter State supplies cannot opt to pay tax under the composition scheme in respect of those export supplies.
    Act RulesGST
    Show AI Summary
    Composition scheme: suppliers cannot make inter State outward supplies to SEZ while remaining in the scheme.
    Supplies from the domestic tariff area to an SEZ are treated as inter State supplies, and Rule 5/Section 10 conditions for the composition levy prohibit a composition taxpayer from making inter State outward supplies; therefore a person paying tax under the composition scheme cannot make outward supplies of goods to an SEZ while remaining in the scheme.
    Act RulesGST
    Show AI Summary
    Composition scheme eligibility denied where stock on appointed day was purchased inter state, imported, or received from outside State.
    Persons below the turnover threshold who hold stock on the appointed day cannot opt for the composition scheme if that stock was purchased inter state, imported, or received from an out of State branch, agent or principal; possession of such goods on the appointed day disqualifies a registered person from the composition levy.
    Act RulesGST
    Show AI Summary
    Composition scheme eligibility barred for casual and non-resident taxable persons; cannot claim composition as casual dealer.
    A taxpayer acting as a casual taxable person or a non-resident taxable person is expressly excluded from the composition levy; therefore casual dealers and non-resident taxable persons cannot avail the composition scheme while operating in that capacity.
    Act RulesGST
    Show AI Summary
    Composition scheme ineligibility: manufacturers of ice cream, pan masala and tobacco and certain suppliers cannot opt.
    Section 10(2) excludes five categories from the composition scheme: suppliers of services (except restaurant services), suppliers of non taxable goods, inter State suppliers, persons supplying through electronic commerce operators, and manufacturers of notified goods. Rule 5 adds further ineligible classes. A notification further specifies that manufacturers of ice cream, pan masala, and all tobacco and manufactured tobacco substitutes are not eligible for composition levy.
    Act RulesGST
    Show AI Summary
    Composition scheme lapse triggers transition to regular tax liability and requires issuing tax invoices and filing withdrawal notice promptly.
    Crossing the aggregate turnover threshold causes the composition option to lapse from the day the threshold is exceeded; the person is liable to pay tax under section 9 from that day and must issue tax invoices for every taxable supply made thereafter. The person must also file an intimation for withdrawal from the scheme in FORM GST CMP-04 within seven days of the occurrence of such event.
    Act RulesGST
    Show AI Summary
    Composition scheme eligibility may be available for suppliers using e-commerce operators while TDS/TCS provisions remain inoperative.
    Eligibility for the composition scheme is negated for suppliers making supplies through an electronic commerce operator required to collect tax at source; however, because the TDS/TCS provisions are not yet operative and ECOs are not required to collect tax, suppliers using ECOs may currently opt for the composition scheme until the collection provisions are brought into force, and an administrative clarification from the government is recommended to remove uncertainty.

    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 237 "Appointment of income-tax authorities." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

      6 September, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Section 237 Appointment of income-tax authorities.

      Income-tax Act, 2025

      At a Glance

      The documents are two textual records of provision 237 governing the appointment of income-tax authorities: one presented as Section 237 of the Income-tax Act, 2025, and the other as Clause 237 of the Income Tax Bill, 2025 (Old Version). Both set out the Central Government's power to appoint income-tax authorities, delegate appointment powers downward, and permit authorised income-tax authorities to engage executive or ministerial staff. The provisions primarily affect the Central Government, the Board (presumably the Board of Direct Taxes), senior tax officers and subordinate officers, and taxpayers indirectly (through administrative organisation). Effective dates or decision dates: Not stated in the document.

      Background & Scope

      Statutory hooks: the provision is presented as part of the Income-tax Act, 2025 (Document 1) and as Clause 237 in the Income Tax Bill, 2025 - Old Version (Document 2). Context: the clause/section falls under the heading "Authorities, jurisdiction and functions" and has the short title "Appointment of income-tax authorities." Coverage: appointment powers of the Central Government; delegation of appointment authority to various organisational tiers (the Board, Principal Director General/Director General, Principal Chief Commissioner/Chief Commissioner, Principal Director/Director, Principal Commissioner/Commissioner) to appoint officers below Deputy Commissioner/ Assistant Commissioner; and power for authorised income-tax authorities to appoint executive or ministerial staff necessary to assist in functions. Definitions or explanatory provisions: Not stated in the document.

      Statutory Provision Mode

      Text & Scope

      The textual ingredients in both documents are substantively identical. The provision comprises three sub-sections:

      • Sub-section (1): "The Central Government may appoint such persons as it thinks fit to be income-tax authorities." This is a plenary appointing power vested in the Central Government, without expressed limitation in the text on whom or on what criteria the Government may appoint.
      • Sub-section (2): The Central Government may, "subject to the rules and its orders regulating the conditions of service of persons in public services and posts," authorise the Board or specified senior authorities (Principal Director General/Director General; Principal Chief Commissioner/Chief Commissioner; Principal Director/Director; Principal Commissioner/Commissioner) to appoint income-tax authorities below the rank of Deputy Commissioner or Assistant Commissioner. The clause delineates delegation of appointment power for subordinate ranks, but places express qualification by "rules and ... orders" regulating conditions of service.
      • Sub-section (3): Subject to the same qualification (rules and orders of the Central Government regulating the conditions of service of persons in public services and posts), an income-tax authority authorised by the Board may appoint such executive or ministerial staff as may be necessary to assist it in the execution of its functions. This permits internal staffing for administrative support, again subject to overarching service rules and orders.

      Interpretation

      The text indicates a legislature intent to centralise the ultimate appointing power while enabling hierarchical delegation for practical administration. By using broad language - "may appoint such persons as it thinks fit" and "may ... authorise" - the provision confers discretionary authority rather than mandatory duties. The repeated qualifying phrase "subject to the rules and its orders regulating the conditions of service of persons in public services and posts" signals that appointments and delegations must conform to procedural and substantive service regulations made by the Central Government (or existing civil service rules). The reference to the Board and to named classes of senior officers suggests an administrative structure wherein appointment authority is transferred internally to promote operational efficiency, while maintaining ultimate control with the Central Government.

      Exceptions/Provisos

      No express exceptions or provisos other than the qualifications noted in the text. Specific carve-outs, thresholds, minimum qualifications, selection procedures, tenure, confirmation, probation, or pay scales are not stated in the document. The text only restricts delegated appointments to ranks "below the rank of a Deputy Commissioner or Assistant Commissioner." Any other exceptions: Not stated in the document.

      Illustrations

      • Example 1: The Central Government appoints a Commissioner of Income-tax to head a regional charge - consistent with sub-section (1). (This is a straightforward reading of the power; the document provides the enabling text but no example.)
      • Example 2: The Central Government authorises the Principal Commissioner to appoint an Income-tax Officer at a level below Deputy Commissioner to manage a local assessment unit, subject to applicable service rules. (The document authorises this practice; procedural specifics are not provided.)
      • Example 3: A Board-authorised income-tax authority appoints clerical staff to support assessment functions, within the constraints of Central Government service orders. (The provision permits such staff appointments; details like appointment mode and grade are not stated.)

      Interplay

      Interaction with other provisions, Rules, Notifications or Circulars: The provision explicitly defers to "the rules and its orders regulating the conditions of service of persons in public services and posts." However, the document does not identify or reproduce any particular Rules, orders, or subordinate legislation by name or citation. Where such Rules exist, they will determine conditions of service, procedures for delegation, and possibly the cadre structure; however, the text here does not specify those instruments. Any cross-references to appointment procedures in other statutory provisions or to the composition and powers of the Board: Not stated in the document.

      Practical Implications

      • Compliance and risk areas: The obligation to follow "rules and ... orders regulating the conditions of service" will make adherence to service rules central in any appointment or delegation process. Risk of challenge may arise if appointments or delegations are made in breach of relevant service rules or orders. The text itself does not enumerate procedural safeguards, selection criteria, or appeal remedies - absence of these details may lead to administrative disputes. Specific timelines or appeal mechanisms: Not stated in the document.
      • Record-keeping/evidence points: Given the delegation mechanism, keeping formal records of (i) the Central Government's authorisations to the Board or specified officers; (ii) orders by the Board authorising subordinate officers; and (iii) the service rules/orders relied upon would be necessary to demonstrate compliance with the statutory proviso. The statutory text refers to "authorise" and "subject to the rules and its orders" - documentary proof of those authorisations and conformity with rules would be relevant in any judicial or administrative review. Detailed record formats or retention periods: Not stated in the document.

      Key Takeaways

      • The provision vests plenary appointment power in the Central Government to appoint income-tax authorities.
      • The Central Government may delegate appointment powers to the Board and specified senior tax officers for appointments below Deputy Commissioner/Assistant Commissioner, subject to service rules and orders.
      • Authorised income-tax authorities can appoint executive and ministerial staff necessary for carrying out functions, again subject to service rules and orders.
      • The text emphasises conformity with "rules and ... orders regulating the conditions of service," but does not specify those rules or the procedural modalities for appointment or delegation.
      • Documentary proof of authorisations and compliance with service rules will be pivotal to defend appointments against challenge; however, procedural safeguards, appeal routes, qualifications, and effective dates are not specified.

      Differences Between the Two Documents and Practical Impact

      Substantively, the textual provisions in Document 1 (Section 237 of the Income-tax Act, 2025) and Document 2 (Clause 237 of the Income Tax Bill, 2025 (Old Version)) are identical in wording across the three sub-sections. The only material divergence is that Document 2 includes an explanatory sentence following the clause text: "Clause 237 of the Bill seeks to provide for the appointment of income-tax authorities by the Central Government by framing rules and orders for regulating conditions of service and to authorise the Board or subordinate authorities, to appoint income-tax authorities below the rank of a Deputy or Assistant Commissioner and also other executive or ministerial staff." This is a descriptive summary and does not alter the operative statutory wording.

      Practical impact of this difference:

      • The inclusion of the explanatory sentence in Document 2 has only interpretive utility; it summarises the legislative purpose but does not change the legal effect. When the clause becomes an enacted section (as in Document 1), the statutory language governs. The summary in Document 2 may aid readers in understanding legislative intent but is not a source of substantive law.
      • Because the operative statutory text is identical, there is no change in legal authority, delegation mechanics or the limits on delegated appointments between the Old Version and the enacted form as presented - both require adherence to the relevant "rules and ... orders." Any procedural changes would therefore arise from those subordinate rules/orders, which are not included in either document.
      • Where administrative action or litigation turns on legislative intent, the summary in the Bill text (Document 2) might be cited for purposive interpretation, but courts and administrators will primarily rely on the enacted text (Document 1) and the applicable service rules or orders when adjudicating disputes.

      Other specifics such as effective date, transitional arrangements for incumbents, specified qualifications for appointment, criteria for delegation, or disciplinary and appeal procedures are Not stated in the document.


      Full Text:

      Section 237 Appointment of income-tax authorities.

      Topics

      ActsIncome Tax