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 characters 0/2000
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.
Relevance Default Date
    A registered person opting for composition scheme is not allowed to make any inter-State outward sup...
    GST - Whether a Job worker is eligible to avail the benefit of Composition Scheme u/s 10? What happe...
    GST - Whether a Works contractor having turnover below ₹ 75 lacs is eligible to avail benefit ...
    GST - Whether all the manufactures are eligible to avail the benefit of Composition Scheme? If no, w...
    Case Laws Central Excise
    Classification (HSN Code) for "Hand Trolley or Fork Lift"-Interpretation of Tariff (84.27 or 84.31)
    Case Laws Central Excise
    Classification (HSN Code) for "Pantoon with spuds"-Interpretation of Tariff (8905 or 8907)
    Case Laws Central Excise
    Classification (HSN Code) for "Rice and Spice"-Interpretation of Tariff ( 11.01 or 21.08)
    Case Laws Central Excise
    Classification (HSN Code) for "Soft Serve"-Interpretation of Tariff ( 21.05 or 04.04 or 2108.91)
    Case Laws Central Excise
    Classification (HSN Code) for "Povidone Iodine Cleansing Solution USP and Wokadine Surgical Scrub" -...
    Case Laws Central Excise
    Classification (HSN Code) for " Slagwool and Rockwool"-Interpretation of Tariff ( 6807.10 or 6803)
    Case Laws Central Excise
    Classification (HSN Code) for "Scrabble"-Interpretation of Tariff ( 9403 or 9504)
    Case Laws Central Excise
    Classification (HSN Code) for "Aluminium Castings"-Interpretation of Tariff ( 3003.31 or 33.06)
    Case Laws Central Excise
    Classification (HSN Code) for "Aluminium Castings"-Interpretation of Tariff (84.09 or 84.32)
    Case Laws Central Excise
    Classification (HSN Code) for Addition of Perfume in Hair Oil Product-Interpretation of Tariff ( 330...
    Case Laws Central Excise
    Classification (HSN Code) for "Chillers"-Interpretation of Tariff (84.18 or 84.19)
    Case Laws Central Excise
    Classification (HSN Code) for "Paving Blocks"-Interpretation of Tariff (6807.90 or 6807.20)
    Case Laws Central Excise
    Classification (HSN Code) for "Royan Grade Wood Pulp"-Interpretation of Tariff (48.18 or 56.01)
    Case Laws Central Excise
    Classification (HSN Code) for "Johnson's Prickly Heat Powder and Phipps Processed Talc are patent or...
    Case Laws Central Excise
    Classification (HSN Code) for a product uses for "Therapeutic or Prophylactics"-Interpretation of Ta...
    Case Laws Central Excise
    Classification (HSN Code) for "Dimethicone"-Interpretation of Tariff (3003.20 or 3910.00)
❯❯
Maximize Maximize Maximize
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 Summaries Hide All Summaries
Act Rules GST
Show AI Summary
Composition scheme prohibits inter state outward supplies, triggering immediate withdrawal and normal GST liability if violated.
A registered person availing the composition scheme cannot make inter state outward supplies; place of supply outside the state requires issuance of a Bill of Supply only, and an inter state supply triggers immediate withdrawal of the composition scheme by operation of law. Withdrawal converts liability to tax under normal provisions, requires filing FORM GST CMP-04 electronically, and exposes the person to additional tax and penalty determination by the proper officer if composition was wrongly availed.
Act Rules GST
Show AI Summary
Job worker treated as service under Schedule entry - excluded from composition scheme even if activity amounts to manufacture.
A person undertaking treatment or process on another's goods is classified as a service provider under the statutory definition of job work and the Schedule entry treating such treatment as a supply of services; therefore, even if the activity amounts to manufacture, the nature of supply remains a service and the job worker is excluded from the composition scheme.
Act Rules GST
Show AI Summary
Composition scheme eligibility: service providers generally excluded, restaurant food service providers allowed; works contractors ineligible.
Composition scheme excludes service providers generally, so a works contractor is ineligible; however, supply of food or drink (excluding alcoholic liquor) provided as a service for consideration is carved out as an exception, permitting restaurant-style vendors to avail composition benefits under the composition levy conditions and restrictions.
Act Rules GST
Show AI Summary
Composition scheme eligibility restricted for certain manufacturers; ice cream, pan masala and tobacco products excluded from composition benefit.
The Composition Scheme allows manufacturers and traders to opt for a simplified levy instead of regular GST, but the government may notify exclusions. Manufacturers of ice cream and other edible ice, pan masala, and tobacco and manufactured tobacco substitutes are explicitly excluded from eligibility to avail the composition benefit.
Case Laws Central Excise
Show AI Summary
Classification of fork lift equipment: pallets are not parts and therefore fall under independent goods classification, not vehicle parts.
Pallets used with fork lift trucks are not parts because the fork lift operates without them; the parts classification guidance does not apply to goods merely used with machinery, so the pallets must be classified as independent goods rather than as parts of the trucks.
Case Laws Central Excise
Show AI Summary
Tariff classification: pantoon with spuds falls under specialized vessel heading, prompting remand over inadequate tribunal reasoning.
The expression "pantoon with spuds" is to be classified under the tariff provision for specialized vessel units rather than the alternative heading relied on by the respondent. An appellate tribunal must issue a speaking order addressing the Commissioner's reasoning when disagreeing; it cannot allow an appeal on an issue not raised in reply to the show cause notice or not argued before the Commissioner, and the matter was remanded for reconsideration.
Case Laws Central Excise
Show AI Summary
Product classification: mixed rice with spices treated as rice under tariff, not a manufactured spice preparation.
Classification turns on whether mixing raw rice with dehydrated vegetables and spices amounts to manufacture. If the essential characteristic of rice remains and the article continues to be a milling industry product, it must be classified under the milling-related tariff provision rather than as a prepared-food manufactured article.
Case Laws Central Excise
Show AI Summary
Tariff classification: Soft Serve classified under prepared foodstuffs, not dairy or ice-cream headings, for excise purposes.
The product Soft Serve is to be treated as a prepared foodstuff under Sub-Heading 21.05 rather than as a dairy product or an ice-cream/ice confection; its character and presentation align it with preparations for human consumption covered by the prepared foods heading, excluding headings for dairy or frozen confection classifications and thereby determining the applicable excise and tariff treatment.
Case Laws Central Excise
Show AI Summary
Medicament classification: surgical povidone iodine solutions treated as specific medicinal goods, not generic cleaning preparations.
The product's classification hinges on combined factors-composition, product literature, label, character and intended user-while a miniscule prophylactic ingredient is not relevant. Because the solution is used by surgeons to degerm hands and scrub patient skin to prevent infection, it is classifiable as a medicament under the specific tariff entry rather than under a residuary entry for cleaning preparations.
Case Laws Central Excise
Show AI Summary
Tariff classification: composition-based rule places slagwool and rockwool under the slag-derived mineral wool heading rather than stone wool.
A composition-based tariff rule governs classification: products where blast furnace slag or similar material constitutes the requisite proportion by weight are classifiable under Sub-heading No.6807.10 for slag-derived mineral wool rather than under the general stone/rock wool heading; prior tribunal decisions follow the same composition-focused approach.
Case Laws Central Excise
Show AI Summary
Classification of board games: Scrabble is a game, not an educational toy, and falls under the tariff heading for games.
Scrabble is classifiable as a board game under the tariff heading for games (Chapter 95) rather than as an educational toy or article of furniture, because its defining elements of chance and skill distinguish it from toys; this classification applies equally to simplified or junior editions which retain the essential game attributes.
Case Laws Central Excise
Show AI Summary
Tariff classification: tooth powder treated as heading 3306 and excluded from Chapter 30 despite medicinal properties.
The tooth powder "Dant Manjan Lal" is classifiable under Sub heading 3306 for tooth powders and similar preparations; despite possessing therapeutic properties, Chapter Note 1(d) of Chapter 30 excludes it from classification under Chapter 30, so the Chapter 33 description governs the tariff classification.
Case Laws Central Excise
Show AI Summary
Tariff classification: Aluminium castings classed under subheading 84.32, altering their excise tariff placement.
Classification dispute over cast metal components turns on tariff interpretation: Aluminium castings are to be classified under Sub Heading 84.32 rather than under 84.09, applying tariff nomenclature and interpretive principles to allocate goods to the aluminium-specific heading for central excise purposes.
Case Laws Central Excise
Show AI Summary
Classification of perfumed hair oil: perfume addition places the product under specified tariff subheading, altering excise treatment.
The Supreme Court held that the addition of perfume to a hair oil product results in classification under Sub Heading 3505.10 rather than under the alternate tariff heading previously relied upon, clarifying the proper excise tariff interpretation and product characterisation for assessment purposes.
Case Laws Central Excise
Show AI Summary
Tariff classification of chillers confirmed under sub-heading 84.18 rather than 84.19, clarifying applicable excise head.
The key operative point is that the term "chillers" is classifiable under Sub Heading 84.18 of the Tariff Act rather than Sub Heading 84.19, resolving the tariff heading applicable to chillers for central excise classification.
Case Laws Central Excise
Show AI Summary
Classification of paving blocks as tariff goods under subheading 6807.90 rather than 6807.20 clarifies taxable categorization.
Classification dispute concerns whether Paving Blocks should be assigned to subheading 6807.90 or to 6807.20; the authoritative interpretation establishes that Paving Blocks fall within subheading 6807.90, not 6807.20, thereby determining the applicable tariff classification for such products.
Case Laws Central Excise
Show AI Summary
Tariff classification: Royan Grade Wood Pulp classified under Sub-Heading 48.18 not 56.01 following judicial interpretation.
The operative determination classifies the expression "Royan Grade Wood Pulp" under Sub-Heading 48.18 rather than Heading 56.01, based on characterisation of the material's essential nature and application of tariff heading language and classification principles to distinguish raw wood pulp from processed textile-like articles.
Case Laws Central Excise
Show AI Summary
Tariff classification of medicinal preparations: prior departmental treatment and commercial use determine sub-heading placement.
The Supreme Court held that Johnson's Prickly Heat Powder and Phipps Processed Talc are patent or proprietary medicines classifiable under Sub-Heading 30.03, relying on BPL Pharmaceuticals principles and on prior departmental treatment, commercial usage, statutory treatment and common parlance to determine that sustained classification and actual use as medicinal preparations govern tariff classification despite a new tariff schedule.
Case Laws Central Excise
Show AI Summary
Product classification for therapeutic or prophylactic use dictates treating composite preparations as medicaments for tariff purposes.
Products described as product uses for Therapeutic or Prophylactics are to be treated as medicaments for tariff classification; mixtures of two or more constituents combined for therapeutic or prophylactic purposes qualify as a medicament and should be classified accordingly, with the intended therapeutic or prophylactic use and composite nature determining the applicable tariff heading.
Case Laws Central Excise
Show AI Summary
Tariff classification: Dimethicone treated as chemical goods heading, not classified under pharmaceutical-medical heading for levy purposes.
Dimethicone is classifiable under Sub Heading 3910 and not under 3003.20 of the Tariff Act, treating it as a product of the chemical/plastic goods heading rather than as a medicament for tariff purposes.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

whatsapp Join Channel
Showing Results for : Reset Filters

Comparison of section 242 "Jurisdiction of Assessing Officers." 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 242 Jurisdiction of Assessing Officers.

Income-tax Act, 2025

At a Glance

The materials are two versions of Clause/Section 242 dealing with the jurisdiction of Assessing Officers: the "Income Tax Bill, 2025 - Old Version" (Document 2) and the enacted "Income-tax Act, 2025" provision (Document 1). The documents largely mirror each other but contain a few drafting and substantive differences affecting (i) the references to other provisions that trigger limitation for questioning jurisdiction and (ii) the scope clause preserving Assessing Officer powers. The provision affects taxpayers and the income-tax department (Assessing Officers, specified income-tax authorities, the Board). Effective date or commencement is Not stated in the document.

Background & Scope

Statutory hook: Clause/Section 242 titled "Jurisdiction of Assessing Officers" within the Income Tax Bill/Act, 2025, under the heading Authorities, jurisdiction and functions. The provision addresses (a) when an Assessing Officer, vested with jurisdiction over an area by directions or orders u/s 241(1)/(2)/(3), has jurisdiction in respect of persons carrying on business/profession or other residents within that area; (b) mechanisms for resolving jurisdictional disputes between Assessing Officers and specified income-tax authorities; (c) time-bars and procedural limits for assessees to call into question an Assessing Officer's jurisdiction; and (d) the preservatory clause on the powers of the Assessing Officer in respect of income within the vested area. Definitions and broader legislative context beyond explicit cross-references to sections 241, 263, 268, 270, 271, 247, 248, 294 and (in the Bill) 153C(2) are Not stated in the document.

Statutory Provision Mode

Text & Scope

Coverage and ingredients in the enacted provision (Document 1):

  • Sub-section (1): Where an Assessing Officer is vested with jurisdiction over an area by virtue of directions/orders u/s 241(1)/(2)/(3), he shall have jurisdiction within that area: (a) over persons carrying on business or profession if their place of business/profession (or principal place, where multiple places) is situated within the area; and (b) over any other person residing within the area.
  • Sub-section (2): Questions as to whether an Assessing Officer has jurisdiction to assess any person shall be determined by the specified income-tax authority.
  • Sub-section (3): Where the question relates to areas within jurisdictions of different specified income-tax authorities, determination shall be either (a) by the specified income-tax authorities concerned; or (b) by the Board or such specified income-tax authority as the Board may, by notification, specify in this behalf, if they are not in agreement.
  • Sub-section (4): Bars assessees from calling into question Assessing Officer jurisdiction after specified timelines: (a) if a return is made u/s 263(1), after one month from service of notice u/s 268(1) or 270(8) or after completion of assessment, whichever earlier; (b) where no such return, after expiry of time allowed by notice u/s 268(1) or 280(2) for making the return or by notice u/s 271(2) to show cause why assessment should not be completed to the best of AO's judgment, whichever earlier; (c) where action taken u/s 247 or 248, after one month from service of notice u/s 294(1)(a) or after completion of assessment, whichever earlier.
  • Sub-section (5): Subject to subsection (4), if an assessee challenges jurisdiction and the AO is not satisfied with the claim, the AO shall refer the matter for determination under subsections (2) or (3) before making the assessment.
  • Sub-section (6): Regardless of anything in this section or in directions/orders u/s 241, every Assessing Officer shall have all powers conferred on an Assessing Officer under this Act in respect of income accruing/arising/received within the area over which he has been vested with jurisdiction by virtue of directions/orders u/s 241(1)/(2)/(3).

Interpretation

The text seeks to define territorial/person-based jurisdiction of Assessing Officers where jurisdiction is conferred by administrative directions/orders u/s 241. It aligns jurisdiction with the location of business/principal place of business for businesses and with residence for other persons. The mechanism for resolving disputes prioritises intra-departmental resolution by specified income-tax authorities and, if disagreement arises, escalation to the Board or a Board-designated authority. The procedural bars in sub-section (4) function as transactional limitation points to prevent late jurisdictional objections. Sub-section (6) is a preservatory clause ensuring AOs retain all powers under the Act with respect to income within their vested area irrespective of other clauses.

Exceptions/Provisos

No explicit provisos beyond the time-based bars in sub-section (4). The provision does not state exceptions for specific classes of assessments, types of income, or emergency/extraordinary circumstances. Not stated in the document: any express savings clause as to assessments initiated prior to enactment, transitional arrangements, or judicial review constraints beyond the departmental determination mechanism.

Illustrations

  • Example 1: A taxpayer carries on business at three offices; the principal place of business is within the area vested with AO-X. AO-X therefore has jurisdiction to assess that taxpayer in terms of sub-section (1)(a).
  • Example 2: A resident individual lives within the vested area; AO-X has jurisdiction under sub-section (1)(b) irrespective of where income arises. (Factual specifics of residence definition are Not stated in the document.)
  • Example 3: Two specified income-tax authorities dispute which has jurisdiction over a taxpayer whose business spans both their areas; under sub-section (3), they must determine the question between them, or-if they disagree-the Board or a Board-specified authority will decide.

Interplay

The provision cross-references multiple other provisions (sections 241, 247, 248, 263, 268, 270, 271, 280, 294). The Bill version additionally referenced section 153C(2) of the Income-tax Act, 1961 in the time-bar sub-clause (4)(c); the enacted version omits that reference. The enacted provision also omits an explicit mention of directions/orders u/s 241(4) in sub-section (6) that appeared in the Bill version. Any interaction with rules, notifications or circulars beyond the Board's power to notify a specified income-tax authority is Not stated in the document.

Practical Implications

  • Compliance and risk areas: Taxpayers must be vigilant about the procedural timelines in sub-section (4) when seeking to challenge an AO's territorial/person-based jurisdiction. Failure to raise jurisdictional objections within these specified windows will likely bar such challenges under the provision.
  • Departmental administration: The provision formalises an intra-departmental mechanism for resolving jurisdictional disputes, reducing immediate recourse to courts and concentrating determinations within specified income-tax authorities or the Board.
  • Scope of AO powers: Sub-section (6) conserves an AO's statutory powers over income within the vested area. However, the omission in the enacted text of a reference to section 241(4) (present in the Bill) may narrow the stated trigger for vesting in some circumstances; the practical effect depends on the content and scope of section 241(4), which is Not stated in the document.
  • Record-keeping/evidence: The text implies that taxpayers should retain documentary evidence of principal place of business and residence to substantiate or contest territorial assertions. Timely responses to notices under the listed sections (268, 271, 280, 294, 270) will be critical to preserve the right to challenge jurisdiction.

Key Takeaways

  • Section 242 sets out territorial and person-based jurisdiction rules for Assessing Officers when jurisdiction is vested by directions/orders u/s 241(1)-(3).
  • Disputes over jurisdiction are to be determined within the taxation administration-first by specified income-tax authorities and, if disagreement persists, by the Board or a Board-designated authority.
  • There are strict temporal bars on an assessee's ability to question AO jurisdiction tied to notices under other specified sections; taxpayers must act within those windows.
  • Sub-section (6) preserves Assessing Officer powers to exercise all powers under the Act in relation to income connected to the vested area.
  • Material differences between the Bill and enacted text: (i) removal in the enacted text of reference to section 153C(2) in the time-bar clause; and (ii) omission of an explicit reference to section 241(4) in the preservatory clause-both could affect scope and application.
  • Where the Bill text contains drafting errors/duplication (e.g., "concerned specified income-tax authority concerned"), the enacted text appears to have corrected or rephrased those passages.
  • Several contextual and operational details (definitions, commencement date, precise effect vis-`a-vis section 241(4), and procedural mechanisms for determinations) are Not stated in the document.

Differences Identified and Practical Impact (Concise)

Topic Bill (Old Version) Act (Enacted Section 242)
Reference in sub-section (3)(a) Typographical duplication: "by the concerned specified income-tax authority concerned." Cleaned up to "the specified income-tax authorities concerned." (clarity improved)
Escalation in sub-section (3)(b) "if they are not in agreement, by the Board or by such specified income-tax authority as the Board may, by notification, specify." Reordered: "by the Board or by such specified income-tax authority as the Board may, by notification, specify in this behalf, if they are not in agreement." (substantive alignment; minor drafting change)
Time-bar in sub-section (4)(c) Refers to notice u/s 153C(2) of the Income-tax Act, 1961 or section 294(1)(a). Omits reference to section 153C(2); refers only to section 294(1)(a).
Preservatory clause (sub-section (6)) Includes directions/orders u/s 241(1)/(2)/(3) or (4). Refers only to directions/orders u/s 241(1)/(2)/(3) (omits explicit mention of section 241(4)).

Practical impact: omission of cross-references present in the Bill may narrow the textual triggers that give rise to AO jurisdiction and the time-bars for challenging that jurisdiction; the full practical import depends on the contents and role of the omitted cross-referenced provisions (sections 153C(2) and 241(4)), which are Not stated in the document.


Full Text:

Section 242 Jurisdiction of Assessing Officers.

Topics

Acts Income Tax