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Case Laws GST
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Non-business construction concessions for spinning mills require eligible recipient status and predominantly non-industrial use of the constructed buildings.
For the disputed period, the works-contract concession required both an eligible governmental recipient and structures predominantly meant for use other than commerce, industry, business or profession. Government Entity status required evidence of the recipient's constitution and qualifying governmental participation, while procurement had to relate to entrusted work. Project funding, tender approval and supervision did not by themselves establish governmental constitution or control. The spinning-mill factory buildings and allied works were intended for yarn production and related commercial activities. The residual construction-services entry carried aggregate GST of 18% for services outside the specified concessional entries.
Case Laws Customs
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Import document handling alone does not establish customs abetment or knowing use of materially false declarations.
Personal customs penalties depend on the person's own conduct, not merely on the confiscability of imported goods. Under Section 112(a) of the Customs Act, 1962, liability may arise from a person's own act or omission rendering goods liable to confiscation or from abetment of such conduct. The direct limb can operate on a strict-liability basis where a person's own act or omission renders goods confiscable; an allegation of abetment instead requires evidence of participation or culpable facilitation. Section 114AA requires knowing or intentional making, signing or use, or causing the making, signing or use, of a declaration, statement or document that is materially false or incorrect in customs business.
Case Laws GST
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Subcontracted services performed on own account are not intermediary services merely because they support overseas recruitment and customer-facing activities.
Intermediary classification under Section 2(13) of the IGST Act distinguishes arranging or facilitating supplies between other persons from supplying services on one's own account. The intermediary framework requires at least three parties, a main supply and a distinct ancillary facilitating supply, with conduct resembling that of a broker or agent. Subcontracting the whole or part of a service is not intermediary activity merely because performance supports another supplier's business or involves its customers. Neither a bilateral agreement, contractual label nor remuneration method is conclusive.
Case Laws Customs
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Split air conditioner classification requires capacity and refrigeration features to be assessed against the applicable tariff hierarchy.
Classification of ductless split air conditioners depends on the complete tariff description and the machine's technical characteristics. A complete, cooling-only, two-ton split air conditioner incorporating a refrigerating unit and lacking a heat-reversal valve falls within tariff item 8415 82 10 rather than the general split-system item 8415 10 10. Item 8415 82 10 inherits its parent subheading's refrigerating-unit requirement, while item 8415 83 10 requires the absence of such a unit. Capacity alone does not establish the applicable refrigeration-based entry. Technical evidence should establish whether the goods are a complete machine and identify their capacity and operating features.
Case Laws Income Tax
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Convertible debenture interest requires evidence-based pricing before conversion; future equity conversion alone cannot establish a nil arm's length price.
Pre-conversion interest on compulsorily convertible debentures (CCDs) issued to a non-resident associated enterprise requires arm's length pricing. Compulsory future conversion and hybrid classification do not, by themselves, establish a nil price or extinguish an existing coupon obligation. Rule 10AB's Other Method requires a price charged, paid or expected in comparable uncontrolled circumstances, with reasonably accurate adjustments for material differences under Rule 10B. Currency, benchmark date, tenure, credit risk, security, non-redemption and conversion benefits affect comparability; a conventional bank lending rate is not automatically comparable to a long-tenor CCD.
Case Laws Customs
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Split motorcycle consignments require evidence of deliberate fragmentation for composite classification, with valuation assessed independently of classification.
Clubbing of split consignments for customs classification depends on proof that apparently separate imports form one deliberately fragmented transaction, not merely on the possibility of assembly. Rule 2(a) extends a tariff heading to an incomplete article possessing the essential character of the complete article and also covers a complete article presented disassembled. A change of tariff heading alone does not establish that the transaction value is inaccurate; substantive misdescription of the goods requires separate evidentiary consideration. Replacement value must follow the prescribed sequence of methods.
Case Laws GST
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Corporate guarantee taxation depends on distinguishing taxable supply from valuation, particularly for unpaid support between related businesses.
GST on corporate guarantees requires separate consideration of whether a taxable supply exists and how that supply is valued. Section 7(1)(c) and Schedule I encompass qualifying supplies between related or distinct persons without consideration when made in the course or furtherance of business. Rule 28(2) deems the value of a guarantee furnished to a banking company or financial institution for a related recipient in India to be one per cent of the guaranteed amount per annum or actual consideration, whichever is higher. Where the recipient is eligible for full input tax credit, the proviso treats the value declared in the invoice as the value of the supply.
Case Laws Income Tax
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Employee secondment taxation depends on employment rights, service consideration and demonstrable transfer of technical capability to host entities.
Local operational control and a stated suspension of foreign employment do not, by themselves, resolve whether underlying foreign employment rights survive. Under Article 12(4)(b) of the India-USA DTAA, technical or consultancy services must make technical knowledge, experience, skill, know-how or processes available, or involve development and transfer of a technical plan or design. Under the knowledge-transfer limb, the recipient must acquire a capability it can use independently; the mere application of expertise or presence of qualified personnel is insufficient. Recovery at actual cost and absence of markup do not, by themselves, establish that a foreign enterprise's receipt is non-taxable.
Case Laws GST
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GST appellate pre-deposits may be satisfied by verified earlier payments after demand reduction, but filing fees remain independently payable.
When the first appellate authority substantially reduces the disputed tax demand, an earlier deposit may be sufficient to satisfy the Tribunal-stage requirement, subject to verification. Sufficiency depends on the reduced liability, the applicable appellate requirements and the amount actually deposited; a first appellate payment does not automatically eliminate the additional obligation. Tribunal filing fees under Section 112(7) operate independently of pre-deposit. Where a fee shortfall and earlier deposit require verification, proof of fee payment and verification of the deposit precede consideration of admission.
Case Laws Income Tax
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Inter-co-operative society interest exemption preserves non-deduction by co-operative banks when depositors are co-operative societies under the statutory withholding framework.
Section 194A(3)(v) separately addresses interest paid by a co-operative bank to a member and interest paid by a co-operative society to another co-operative society. The exclusion of co-operative banks is confined to the member-payment limb; a co-operative bank remains a co-operative society for the inter-co-operative society limb. Paragraph 42.7 of Circular No. 19/2015 preserves non-deduction, including time-deposit interest, where the depositor is a co-operative society. Section 80P does not determine this withholding obligation.
Case Laws GST
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Input tax credit reversal requires evidence linking supplier non-payment to recipient ineligibility and a reasoned statutory inquiry.
Input tax credit under Section 16(2)(c) remains conditional on actual payment of tax to Government, but supplier non-payment or retrospective cancellation cannot by itself justify reversal. The recipient must establish eligibility through transactional evidence, while the proper officer must investigate the particular supply, disclose supplier-default and recovery material, apply the law applicable to the relevant period, and issue a reasoned, notice-bound determination. Supplier recovery status and protection against duplicate collection are material considerations.
Case Laws Customs
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Baggage-related customs appeals proceed through statutory revision when the jurisdictional exclusion applies to passenger imports.
The first proviso to section 129A(1) excludes Appellate Tribunal jurisdiction over an order under section 128A relating to goods imported or exported as baggage. The decisive issue is the order's connection with baggage, not disputes concerning confiscation, declaration, duty, personal effects, concealment, concession, or penalty. Articles carried by an international passenger in luggage or on the person may constitute baggage. Section 129DD provides revision before the Central Government, ordinarily within three months, subject to a further period on sufficient cause.
Case Laws GST
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Departmental GST appeal monetary limits regulate officers, while composite orders and proven recurring issues may permit appeals.
Sections 120 and 168 of the Central Goods and Services Tax Act, 2017 make monetary-limit directions binding within the Central tax hierarchy, while they regulate the executive decision to file rather than create an inflexible jurisdictional bar before the Tribunal. In a composite order disposing of multiple appeals or demand notices, the relevant amount is the total disputed tax, interest, penalty or late fee, as applicable. The recurring or interpretative-issue exclusion requires a reasoned, case-specific basis, and Commissioner authorisation does not itself establish compliance with the litigation policy.
Case Laws GST
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E-way bill re-use allegations require corroborated proof identifying the same goods; vehicle movement alone cannot establish contravention.
Alleged re-use of invoices and e-way bills requires the seizing authority to establish through positive, corroborated evidence that the intercepted goods are the same consignment previously transported under those documents. Toll data, vehicle movements and photographs may justify inquiry but do not alone prove prior delivery, identity of goods or re-use. Where invoices and e-way bills accompany the goods and physical verification shows no discrepancy, the authority must investigate and address any explanation of a different earlier consignment. Cases involving absent or expired transport documents remain factually distinct.
Case Laws GST
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Zero-rated supply turnover includes export invoices from the refund period when actual export is subsequently established under bond or LUT.
Under Rule 89(4), invoice values for goods invoiced before or at removal for export under bond or Letter of Undertaking may be included in zero-rated turnover for the relevant refund period, although physical export occurs later. The invoice and removal determine period-wise attribution for the refund formula, while actual export remains essential to sustain the claim. Shipping bills, bills of export and related export records must correlate with the export invoices to establish that the goods were ultimately exported. Compliance with valuation, input tax credit eligibility and bond or Letter of Undertaking conditions remains necessary.
Case Laws Income Tax
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Reassessment objections require speaking disposal and a four-week pause before scrutiny or information requests can begin.
Under the pre-amendment Section 148 framework, reassessment jurisdiction must be resolved before merits-stage scrutiny begins. The Assessing Officer must furnish recorded reasons when requested, permit objections, and decide them through a separate speaking order. A Section 143(2) notice commences scrutiny, while a Section 142(1) notice is a substantive inquiry step; neither may issue before objections are decided. Following rejection, a four-week period from service of the speaking order must be allowed before further reassessment action, preserving an effective opportunity to challenge reopening.
Case Laws GST
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Suppression of facts requires proof of deliberate tax evasion; ineligible input tax credit alone cannot support enhanced proceedings.
Section 74 permits enhanced tax determination for wrongly availed or utilised input tax credit only where fraud, wilful misstatement, or suppression of facts to evade tax is established. Wrong or ineligible credit is distinct from substantive credit eligibility and cannot, without evidence of deliberate conduct and intent, amount to suppression. Under historical Explanation 2, suppression required either omitted information legally required in prescribed filings or failure to provide information sought in writing; both operate subject to the statutory evasion requirement. Disclosed reconciliations and portal records materially weaken a bare allegation of non-declaration.
Case Laws Customs
Show AI Summary
Organic surface-active agent classification requires water solubility and stability; phase-separating low-ethoxylated products fall outside Heading 3402.
Classification of low-ethoxylated non-ionic fatty alcohol ethoxylates under Heading 3402 requires satisfaction of the cumulative water test in Chapter Note 3. At the prescribed concentration, temperature, and standing period, the product must both remain a transparent or translucent liquid, or stable emulsion, without phase separation and reduce water surface tension to the stated threshold. Non-ionic character or surface activity alone is insufficient. Where a low-ethoxylated product separates into layers and fails the solubility and stability requirement, Heading 3824 may be considered after exclusion from Heading 3402.
Case Laws Customs
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Lawful customs seizure requires recorded confiscation grounds, formal restraint where needed, and timely notice; detention cannot bypass safeguards.
Customs seizure of an imported car requires recorded reason to believe that it is liable to confiscation. A panchnama restraint cannot replace a lawful seizure order, an undertaking where seized goods remain in custody, or a served non-dealing order where seizure is impracticable. Section 110(2) requires prompt notice under Section 124, subject only to the prescribed extension mechanism. Prolonged effective detention cannot postpone those safeguards. Provisional release under Section 110A applies only to goods lawfully seized and cannot validate an earlier detention without statutory authority.
Case Laws Companies Law
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Corporate veil-piercing permits forensic scrutiny in execution where promoter-controlled entities may dissipate shareholding despite judicial assurances.
Corporate veil-piercing in execution is an exceptional response where promoters allegedly use layered entities and securities transactions to deplete shareholding represented as security through judicial assurances. Separate personality remains the rule, and control or ownership alone does not suffice; there must be a nexus between control, misuse of the corporate form, and frustration of enforcement. A forensic audit reconstructs share movements, pledges, sales, financing, approvals, disclosures, and fund flows, distinguishing legitimate enforcement of pre-existing security from coordinated asset dissipation.

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Comparison of section 247 "Search and seizure." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

9 September, 2025

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Section 247 Search and seizure.

Income-tax Act, 2025

At a Glance

Clause 247 of the Income Tax Bill, 2025 (Old Version) (Document 2). This provision sets out powers and procedures for search and seizure by authorised income-tax officers, including access to electronic records, presumed inferences, provisional attachment and use of valuation officers. It matters because it governs invasive investigative powers affecting taxpayers, third parties, and enforcement agencies. Who is affected: taxpayers (individuals and entities), authorised officers, evaluating authorities and third parties holding electronic records or assets. Effective date or decision date: Not stated in the document.

Background & Scope

Statutory hooks: Clause 247 of the Income Tax Bill, 2025; cross-references within the clause to section 246(1), section 268(1), the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, section 241, section 413 and section 514. The clause covers search and seizure powers where the competent authority, based on information, believes that summoned or noticed persons will not produce relevant books, documents or electronic information, or where undisclosed income or property is present. Definitions: the clause uses terms such as "books of account", "other documents", "computer systems", "electronic media", "virtual digital space" and invokes the Information Technology Act, 2000 (for the definition of "electronic record" in specified sub-clauses). No standalone definitional section for terms used in the clause is provided. The scope expressly includes both physical and electronic forms of information and assets, and covers premises, vessels, vehicles, aircraft and virtual digital spaces.

Statutory Provision Mode

Text & Scope

Clause 247 empowers an approving authority to authorise named officers (Joint Director/Joint Commissioner/Assistant Director/Assistant Commissioner/Income-tax Officer) to enter and search premises, vessels, vehicles, aircraft and virtual digital spaces where there is reason to suspect books, documents, assets or electronically stored information relevant to tax proceedings. The trigger conditions are: (a) failure or anticipated failure of a person to produce books, documents or electronic information in response to summons u/s 246(1) or notice u/s 268(1); or (b) possession by a person of assets or information relating to assets representing undisclosed income or property for the purposes of the Act or the Black Money Act. The clause expressly covers physical and electronic forms, requires reasonable technical assistance (including access codes), permits forcible entry or overriding of access codes, authorises search of persons, marking and copying of documents including from computer systems, inventory and seizure (excluding stock-in-trade), and provision for deemed seizure orders where physical seizure is impracticable.

Interpretation

The text shows legislative intent to equip tax authorities with robust tools to access both physical and electronic evidence, including remote/virtual repositories. The cross-reference to the Information Technology Act for definitions indicates an intent to anchor electronic evidence concepts to existing IT law definitions. The inclusion of presumptions indicates an intent to ease evidentiary burden for the revenue once material is found during a search. The reference to the Bharatiya Nagarik Suraksha Sanhita, 2023 suggests an effort to harmonise procedural safeguards and processes with general search-and-seizure law. No explicit legislative statement of safeguards, limitations or oversight mechanisms beyond prior approvals and prescribed procedures is present.

Exceptions/Provisos

Carve-outs and conditions present in the clause include: (i) stock-in-trade is excluded from seizure; (ii) orders restricting dealing with items (non-deemed seizure orders) last not more than sixty days; (iii) provisional attachments require prior approval of senior officers and recording of reasons and are valid for six months from the end of the month of the order; (iv) use of valuation officers and timeline for valuation report is limited to sixty days from receipt of reference. No further procedural limitations or notice requirements before entry are specified in the text. Where physical seizure is impracticable due to volume, weight or dangerous nature, service of a deemed seizure order is permitted. No express limitation on hours of searches or requirement for judicial authorisation is stated.

Illustrations

  • Example 1: A summons u/s 246(1) to a taxpayer for production of books electronically stored receives no response and the competent authority believes relevant material is on the taxpayer's laptop. An authorised officer may enter the premises, require technical assistance to access the laptop, override the access code if unavailable, copy electronic records and seize the laptop (subject to stock-in-trade exclusion).
  • Example 2: A large sculpture suspected to be undeclared wealth located at a taxpayer's premises cannot be removed due to size; the authorised officer may serve an order of deemed seizure (clause (1)(viii)) preventing the owner from parting with it.
  • Example 3: During a search, several external hard drives and cloud-storage credentials are found; the authorised officer can mark identification, make copies of data, and rely upon presumptions that the contents belong to the possessor and are true, subject to rebuttal.

Interplay

The clause cross-references the Information Technology Act (for definitions), the Bharatiya Nagarik Suraksha Sanhita, 2023 (for search/seizure procedures), section 413 (rules for provisional attachment), and section 514 (valuation registration). The clause contemplates further rules and procedures to be prescribed by the Board or notification (prescribed) for requisition and valuation; however, the text does not display the prescribed rules themselves. How these provisions interact operationally with existing criminal search-and-seizure jurisprudence is Not stated in the document.

Differences Between Document 1 (Section 247 of the Income-tax Act, 2025) and Document 2 (Clause 247 of the Income Tax Bill, 2025 (Old Version)) and Practical Impact

  • Terminology and cross-references: Document 2 (Bill) principally refers to "this Act" in describing purposes; Document 1 (Act) additionally cross-refers to the Income-tax Act, 1961 explicitly in certain sub-clauses.
    • Practical impact: slight change in drafting emphasis - Document 1 clarifies investigatory link with Income-tax Act, 1961, while Document 2 keeps the investigatory frame internal to the proposed Act. This may affect interpretation of which statutory proceedings trigger the powers where overlap exists. (Not stated in the document whether this was intentional.)
  • Electronic material language: Document 2 uses more expansive language - "any information stored in any electronic media or a computer system", "virtual digital space", and expressly imports definitions from section 2(1) of the Information Technology Act, 2000 for electronic records. Document 1 uses "information in electronic form or on a computer system" and does not expressly reference virtual digital space or specific IT Act sub-clauses.
    • Practical impact: Document 2 appears broader and more detailed on digital sources and expressly contemplates virtual/remote storage, which increases the practical reach of search powers to cloud or off-site electronic repositories.
  • Power to override access codes/virtual spaces and breaking locks: Document 2 explicitly states that access may be gained by "overriding the access code" or entering "virtual digital space." Document 1 uses "override the access code to any computer system" but is less explicit about virtual digital spaces.
    • Practical impact: Document 2 may be read to give clearer authority to override access to remote/virtual environments; Document 1 relies on broader wording but is less specific.
  • Deemed seizure vs. statutory structuring: Document 2 places an express clause (1)(viii) for "serve an order of deemed seizure" where physical seizure is impracticable because of volume/weight/dangerous nature - explicitly described as a deemed seizure. Document 1 includes similar provisions split across sub-section (4)(a) and (b) but structures them differently and distinguishes deemed seizure (4)(a)(ii) and other orders (4)(b).
    • Practical impact: The Bill's single enumeration of deemed seizure in clause (1)(viii) consolidates the ground for deemed seizure into the primary powers; the Act version separates deemed seizure and non-deemed orders. Practically, this may alter ease of invoking deemed seizure and clarity of whether an order constitutes formal seizure.
  • Presumptions language: Both documents provide presumptions where items are found in possession during search. Document 2 expressly includes "virtual digital space" and "electronic records, data, communication" within the presumptions and states that electronic exchanges are presumed to be between the parties thereto. Document 1 lists specific presumptions including exchange of information in electronic form.
    • Practical impact: Document 2's language broadens the evidentiary presumptions to modern electronic communications; this increases evidentiary leverage for the department in proceedings but is subject to legal challenge based on weight and rebuttal.
  • Requisition of external assistance: Document 2 refers to approval and procedure "as prescribed" and uses slightly different syntax regarding requisition compliance. Document 1 contains substantially similar provisions but includes a catch-all for persons/entities approved by specified senior officers and for compliance duties.
    • Practical impact: Differences appear stylistic; practical effect is minimal unless read with enabling rules which are "Not stated in the document."
  • Reference to other statutes: Document 1 explicitly imports provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 for search and seizure application "so far as may be". Document 2 contains identical cross-application.
    • Practical impact: No substantive difference here; both point to application of that statute's search/seizure norms to the tax search/seizure context.

Practical Implications

  • Compliance and risk areas: Persons subject to summons/notices must ensure timely production of physical and electronic records; failure increases risk of intrusive search, seizure, and presumptive adverse inferences. The explicit coverage of virtual digital spaces and cloud storage expands the universe of accessible evidence.
  • Record-keeping/evidence: Taxpayers and custodians should maintain clear indexing of electronic records, log access credentials and third-party custody arrangements. The clause's power to require access codes and technical assistance makes preservation and documented chain-of-custody practices important. Preservation steps and access facilitation may lessen the need for forced override actions.

Key Takeaways

  • Clause 247 grants broad search and seizure powers covering both physical and modern electronic/virtual media, including authority to override access codes and access virtual digital spaces.
  • The Bill (Document 2) expands and clarifies electronic reach compared to the Act text (Document 1), expressly importing IT Act definitions and referencing virtual digital space.
  • Presumptions apply to possession, authenticity and electronic exchanges found during search, strengthening evidentiary position of the revenue unless rebutted.
  • Deemed seizure and non-deemed restraint orders are provided for when physical seizure is impracticable; separate limits (sixty days for restraint orders; six months for provisional attachment) are specified.
  • Provisions envisage use of valuation officers and external persons/entities with prescribed procedures, but the implementing rules and safeguards are Not stated in the document.
  • Interplay with the Bharatiya Nagarik Suraksha Sanhita, 2023 is expressly provided; operational details on procedural safeguards and judicial oversight are Not stated in the document.

Full Text:

Section 247 Search and seizure.

Topics

Acts Income Tax