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Case Laws Income Tax
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TNMM comparability requires consistent operating-cost treatment and FAR-based selection, while search matrices cannot replace evidence-led functional analysis.
TNMM requires consistent computation of operating profit and operating cost for the tested party and comparables. A provision for doubtful debts connected with sales and trade receivables may be an operating expense, as may routine business levies; income-tax on profits remains excluded. A search matrix is a disciplined evidentiary tool, not a statutory bar to an out-of-matrix comparable. Inclusion requires proof of functional fit, filter satisfaction and reasons for its absence, while rejection cannot rest solely on matrix absence. FAR analysis, segmental reliability and material scale differences govern comparability.
Case Laws Customs
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Reasonable belief in gold seizure requires recorded objective grounds before the reverse burden for smuggling can arise.
Gold seizure under Section 110 requires the proper officer to hold, before seizure, objectively supportable reasons to believe that goods are liable to confiscation. For gold, Section 123 shifts the burden of disproving smuggling only after a lawful seizure made in reasonable belief that the gold is smuggled. A general panchnama recital, foreign markings, high purity, or an uncorroborated retracted statement cannot alone establish that foundation. Reasons must exist contemporaneously and cannot be supplied retrospectively through later investigation.
Case Laws Income Tax
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Political contribution deductions require proof that payments are genuine, not merely bank transfers, receipts, and recipient registration.
Registration of the recipient political party, non-cash remittance, banking records and donation receipts are necessary evidentiary facts for a political-contribution deduction, but do not conclusively prove a genuine contribution. Where credible material indicates an accommodation-entry arrangement involving return of funds through intermediaries, the claimant must substantiate the transaction and address taxpayer-specific circumstances. General allegations about a recipient cannot alone displace a claim without a sufficient nexus to the taxpayer's own payment. Penalty initiation requires separate determination of under-reporting or misreporting and a reasonable opportunity of hearing.
Case Laws GST
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Estate-limited GST recovery permits post-death assessment of legal representatives while protecting heirs' independent assets after business discontinuance.
Section 93 permits post-death GST determination against a legal representative where a liable person dies. If the business is discontinued, tax, interest and penalty may be recovered only from the deceased's inherited estate and only within its capacity; the heir's independent assets remain outside that limit. Proceedings may be initiated without a pre-death notice, but must be addressed to the legal representative in that capacity, follow the applicable adjudication process, and provide hearing and a reasoned order.
Case Laws FEMA
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Recorded reasons to believe govern foreign-asset seizure; non-confirmation requires appellate resolution before contradictory adjudication proceeds.
Section 37A permits seizure of equivalent domestic assets only where the authorised officer records written reasons to believe that foreign assets are held in contravention of FEMA. The competent authority must examine the material after hearing both sides and either confirm or set aside seizure. A reasoned non-confirmation based on an absent statutory threshold is substantive on seizure, though it does not finally decide the underlying contravention. Pending appeal, the adjudicating authority cannot displace that finding or adopt a contrary premise; Section 37A(4) applies only to confirmed seizure.
Case Laws Companies Law
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Unstayed tribunal dismissal leaves former directors without corporate authority while banks follow valid company instructions amid management disputes.
Where an oppression and mismanagement petition has been dismissed, a pending appeal without an appellate stay does not itself restore a former director's authority or suspend the dismissal's operative effect. Sections 241 and 242 require statutory prejudice and prescribed Tribunal findings; procedural irregularities in director removal may be relevant but do not alone establish oppression. Banks should ordinarily follow formally authorised company instructions rather than decide unresolved management disputes, unless a binding judicial or statutory restraint applies.
Case Laws Benami Property
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Benami property claims cannot be recast through wills or employment-based trust when pleadings assert beneficial ownership.
Benami-property claims based on a claimant's payment for property titled in another person's name may fall within the statutory definition when the property is alleged to be held for that claimant's benefit. A Will, succession claim, or other later instrument does not provide an independent basis of title where the pleaded foundation is restoration of beneficial ownership. The statutory scheme prohibits benami arrangements, bars enforcement of claimed beneficial ownership, and treats prohibited re-transfers as invalid; self-acquired title in the named holder's name does not displace the pleaded funding arrangement.
Case Laws Income Tax
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Reason to believe in reassessment requires tangible material, a live nexus, and recorded reasons; review of examined issues is barred.
Income-tax reassessment under Sections 147 and 148 is permissible only where recorded reasons, assessed at the time of notice, disclose a bona fide reason to believe that chargeable income escaped assessment. Final proof is unnecessary at that stage, but relevant tangible material must have a rational, live link to escapement. Reopening cannot be used to review an issue consciously examined and decided in the original scrutiny; nor can later or extraneous material supplement the recorded reasons. The taxpayer may seek the reasons, file focused objections, and receive a speaking order before reassessment continues.
Case Laws Income Tax
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Political-donation deduction disallowance does not itself establish misreporting; enhanced penalty requires proof of a specific statutory default.
Disallowance of a political-contribution deduction under Section 80GGC and imposition of penalty under Section 270A are separate statutory inquiries. An adverse finding on genuineness or eligibility may raise assessed or reassessed income, but cannot alone establish misreporting. Enhanced penalty requires proof that the taxpayer's conduct falls within a specific Section 270A(9) category, supported by a precise notice and reasoned factual findings.
Case Laws Income Tax
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Conditional charitable registration cannot suspend tax benefits pending litigation outside the statutory grant and cancellation framework.
Section 12AB permits the authority, after inquiry into objects, genuine activities and material legal compliance, to grant registration for the statutory period or reject the application. It does not create a contingent form of registration whose tax consequences await future litigation. Post-registration violations must be addressed through the separate cancellation process, requiring inquiry and hearing. Conditions in prescribed forms or administrative guidance may operationalise statutory duties but cannot create extra-statutory eligibility thresholds, future-conduct obligations or anticipatory cancellation consequences. Binding jurisdictional rulings remain applicable unless stayed, modified or reversed.
Case Laws Customs
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Transaction value reassessment requires disclosed comparable evidence, while protest-qualified consent preserves appellate rights against enhanced customs valuation.
Transaction value under Section 14 and Rule 3 is the primary basis for valuing imported goods. Rule 12 permits rejection only where an objectively sustainable reasonable doubt persists after considering further information; on request, the grounds must be disclosed in writing and a hearing afforded. Redetermination must follow Rules 4 to 9 sequentially and rely on demonstrably comparable import data. Written acceptance of reassessment may dispense with a speaking order under Section 17(5), but protest-qualified or provisional-clearance correspondence may preserve the statutory right to appeal.
Case Laws GST
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Leasehold rights assignment may fall outside GST when the lessee permanently transfers the entire proprietary estate.
GST treatment of assignment of leasehold rights turns on whether the lessee has made a complete transfer of its existing estate or continues to provide occupation or enjoyment. Where the assignor transfers the whole residual term, possession, building and associated rights, retains no reversionary or controlling interest, and the assignee succeeds directly to obligations towards the original lessor, the transaction may be characterised as transfer of benefits arising out of land rather than a supply of services. Labels such as premium, salami or transfer fee are not conclusive.
Case Laws Income Tax
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Leave encashment exemption: Non-government employees may claim the enhanced notified ceiling subject to statutory computation conditions.
Retirement leave encashment received by employees other than Central or State Government employees falls under Section 10(10AA)(ii). Exemption depends on retirement, the ten-month earned-leave limit, average salary for the preceding ten months, earned-leave entitlement restrictions, aggregate limits, and prior exempt receipts. The enhanced notified ceiling of Rs. 25,00,000, deemed to operate from 1 April 2023, is treated in the Tribunal approach discussed as a beneficial rationalisation available to eligible pending claims for earlier assessment years, without displacing the statutory computation conditions.
Case Laws Income Tax
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Dependent agent permanent establishment requires proven habitual contractual authority; liaison, administrative support, and customer contact alone remain insufficient.
Dependent agent permanent establishment under Article 5(5) requires proof that an Indian person has authority to negotiate and enter contracts for the foreign enterprise and habitually exercises that authority. Customer liaison, account management, administrative support, communication of pre-approved terms, document routing, and assistance with online standard-form contracting fall short unless Indian personnel substantively determine essential terms or routinely bring negotiations to a binding commercial conclusion. Formal offshore execution is not decisive where local personnel effectively control material negotiations. Corporate association, economic dependence, and independent-agent considerations cannot replace proof of the positive authority and habitual-exercise requirements.
Case Laws Customs
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Proper-officer jurisdiction permits assigned customs officers to issue recovery notices without having performed the original assessment.
Customs show-cause jurisdiction requires both appointment as an officer of customs and function-specific assignment as the proper officer. Assessment under Section 17 and recovery under Section 28 are distinct functions; the original assessing officer need not alone issue a recovery notice. Retrospective validation of qualifying officers' proper-officer status applies independently of the preserved historical recovery regime. Confiscation and penalty proceedings require written grounds, prescribed prior approval, representation, and hearing. Where jurisdiction exists, disputed facts, evidence, limitation, and procedural compliance ordinarily require determination through adjudication.
Case Laws Money Laundering
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Equivalent-value attachment permits securing untainted pre-offence assets only when unavailable criminal proceeds, valuation, and statutory risk are established.
Pre-offence property is ordinarily not directly derived from later scheduled-offence activity, but may be provisionally attached as equivalent value where actual proceeds are unavailable. Such attachment requires identification and reasoned valuation of the alleged proceeds, material showing their unavailability, and recorded reasons to believe that non-attachment risks concealment, transfer, or other frustration of confiscation. A later use of illicit funds to repay loans, construction borrowing, or secured obligations may separately establish a direct or indirect nexus. Section 24 presumptions do not replace the foundational requirements for attachment.
Case Laws IBC
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Cross-assignment disciplinary suspension requires proportionate, assignment-specific hearing while creditor committees retain statutory control over replacement decisions.
Where disciplinary misconduct concerns one CIRP, cross-assignment suspension requires a proportionate link to the pleaded charge, supporting material and hearing afforded. Section 220(2) permits disciplinary sanctions after hearing, while Regulation 13(7) requires intimation to Committees of Creditors and the Adjudicating Authority. On the prima facie construction applied, intimation informs each Committee's decision on continuation or replacement rather than automatically removing the professional from unrelated ongoing assignments. The Board's regulatory role and the Committee's replacement power remain distinct but connected.
Case Laws GST
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Electronic authentication of GST notices requires prescribed signatures; portal uploads, reference numbers, and DRC summaries cannot independently validate proceedings.
Rule 26(3) makes electronic issuance and authentication by digital signature, e-signature, or a notified verification mode cumulative conditions for GST notices and orders. A portal upload concerns service, while a system-generated reference number, DRC summary, or DIN performs tracking or procedural functions; none independently establishes the authorised officer's authentication. Section 169 governs service rather than validity, and Section 160 does not ordinarily cure a defect preventing attribution of the instrument to the competent officer. DRC-01 cannot replace the statutory notice, and DRC-07 supports recovery only upon a valid order.
Case Laws GST
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GST bail classification requires precise Section 132 charging clauses, with investigation status, cooperation and proportionality governing custodial necessity.
GST-evasion bail adjudication requires a case-specific assessment of custodial necessity rather than an automatic consequence of the alleged tax magnitude, Magistrate-triability, or a maximum five-year sentence. Section 132 classification depends on the precise offence clause and punishment bracket, not merely on the alleged quantum of evasion. Relevant considerations include the stage of investigation, cooperation with summons, security of evidence, individual role, risks of absconding or interference, proportionality, and personal liberty under Article 21.
Case Laws Customs
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Certificate-specific origin verification prevents preferential-duty denial based solely on unrelated suspect certificates or supplier doubts.
Preferential customs-duty treatment requires compliance with applicable rules of origin and reliable proof that imported goods qualify as originating. A country-of-origin certificate is important evidence but does not remove the importer's duty to possess supporting origin information and exercise reasonable care. Challenges to preferential treatment must be certificate-specific and consignment-specific: an adverse finding concerning identified certificates cannot, without direct evidence, invalidate separate certificates. Customs verification should identify the particular proof of origin, alleged defect and material linking it to the import, while fraud, suppression or misrepresentation independently established may support substantive action.

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Comparison of section 253 "Powers of survey." 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 253 Powers of survey.

Income-tax Act, 2025

At a Glance

The document is Clause 253 of the Income Tax Bill, 2025 - (Old Version), setting out powers of survey exercisable by income-tax authorities. It matters because it defines entry, inspection, assistance, impounding and related procedural limits affecting taxpayers, assessing authorities and compliance officers. Affected parties include taxpayers carrying on business/profession/charitable activities, their employees and custodians of records; the issuing or effective date is Not stated in the document.

Background & Scope

Statutory hook: Clause 253 of the Income Tax Bill, 2025, titled "Powers of survey." Coverage: authorises an income-tax authority to enter places where business/profession/charitable activity is carried on (including non-principal places and any place stated to contain books, cash, stock, valuables or computer systems). The clause addresses entry conditions, timing (business hours or after sunrise/before sunset), powers on entry (inspection, technical assistance, verification of assets/stock, recording statements on oath), impounding/retention of documents, inventory of assets, and enforcement powers (reference to section 246(1)). Definitions provided: "income-tax authority" with an enumerated list and inclusion of Inspector of Income-tax for specified sub-sections. The clause describes special entry for verifying TDS/TCS under Chapter XIX-B and permits certain restricted actions in those instances. It does not provide an effective date in the text.

Statutory Provision Mode

Text & Scope

The provision authorises entry into premises where business/profession/charitable activities are carried on, within the assigned area or where the authority exercises jurisdiction, or where authorised by another income-tax authority. Upon entry the inspecting authority may require persons present to provide technical/other assistance (including access codes) to inspect books, documents, computer systems, electronic media or virtual digital space; to provide facilities to check or verify assets/stock; and to furnish information relevant to any proceeding under the Act. Entry timing is constrained to business hours for business places, and to after sunrise/before sunset for other places. For verification of TDS/TCS (Chapter XIX-B), the authority may enter during daylight and require access to books, documents, electronic media, computer systems and virtual digital space. Powers on entry include marking identification on documents, making extracts or copies from electronic media/computer systems, recording statements on oath, impounding and retaining documents (with reasons) for specified periods, and making inventories of assets/stock.

Interpretation

The Bill reflects an intent to modernise survey powers to expressly reach electronic media and virtual digital space, and to require technical assistance including access codes. The text indicates a legislative purpose to equip tax authorities to access digital records and remote storage when verifying compliance. The presence of timing restrictions and a requirement to record reasons for impounding indicates an intent to balance intrusive powers with procedural safeguards. Reference to section 246(1) for enforcement suggests use of pre-existing coercive mechanisms rather than creation of new penal sanctions within the clause.

Exceptions/Provisos

The principal limitations are temporal (business hours or daylight), limitation on actions when entering for Chapter XIX-B verification (the authority acting under sub-section (4) shall only undertake actions referred under sub-sections (5)(a) and (5)(b)), and requirement to record reasons before impounding. There is also an implicit limitation that removal of assets/stock from the premises is prohibited ("shall, on no account, remove or cause to be removed from the place... any asset or stock" - Not stated in the document whether this prohibition is absolute or subject to any exception beyond what's written) .

Illustrations

  • Example 1: A shop open for business is visited during business hours; the authority can require staff to provide access to on-premises accounting software and extract relevant records, mark documents, and, after recording reasons, impound ledger printouts for up to fifteen days.
  • Example 2: For a charitable trust's event, after the function the authority may require the organiser to furnish information regarding expenditure and record statements on oath for use in subsequent proceedings.
  • Example 3: In a TDS verification at a corporate office, the authority may require access to electronic media and virtual digital space to confirm deductions/collections, but may only carry out marking/copying of documents and recording of statements during that entry.

Interplay

The clause expressly invokes Chapter XIX-B (TDS/TCS) and section 246(1) (for enforcement), indicating interplay with existing assessment and enforcement provisions. There is no textual reference to subordinate rules, guidelines, data-protection statutes, or procedural safeguards beyond the recording of reasons and approval requirements for impounding beyond fifteen days. Not stated in the document: any cross-references to evidence law, privacy law, or specific Board instructions governing access to virtual digital spaces.

Differences between the two provisions and practical impact

  • Scope of electronic material: The Bill (Document 2, "Old Version") expressly includes "computer system, or any other material connected with such system including virtual digital space" and, in another sub-clause, "electronic media ... or virtual digital space." The Act version (Document 1, Section 253) uses narrower phrasing: "information in electronic form or on a computer system."
    • Practical impact: The Bill's language is broader and expressly captures cloud/virtual data and ancillary material connected with computer systems; the Act text reduces express reach to "information in electronic form or on a computer system," which may narrow or at least create interpretive questions about whether remote/virtual storage and ancillary system material fall within survey powers.
  • Assistance required on entry: Both versions require provision of "necessary technical and other assistance (including access code)." The Bill's clause (1)(i) explicitly refers to "computer system, or any other material connected with such system including virtual digital space," while the Act omits the phrase "any other material connected ... including virtual digital space" and refers instead to "information in electronic form or on a computer system."
    • Practical impact: The Bill's wording gives clearer authority to demand assistance for inspecting connected materials and virtual spaces; the Act may be read as focused on retrievable information rather than the broader system context.
  • Inspection powers under Chapter XIX-B verification (sub-section (4)): The Bill expressly grants access to "access to electronic media or computer system, or virtual digital space" for verifying TDS/TCS compliance. The Act restricts the language to "books of account or other documents, or information in electronic form or on a computer system."
    • Practical impact: Enforcement relating to TDS/TCS may have broader reach under the Bill wording; the Act's phrasing may require interpretive expansion to cover virtual digital spaces.
  • Impounding and retention wording: The Bill states the authority may "impound and retain in custody any books of account or other documents inspected by it, after recording reasons for doing so, for a period-(i) of fifteen days (exclusive of holidays); or (ii) exceeding fifteen days ... with prior approval." The Act states the authority may "impound after recording reasons for doing so, any books of account or other documents, or any computer system inspected by it, and retain it for a period-(i) up to fifteen days (exclusive of holidays); or (ii) exceeding fifteen days ... with the prior approval."
    • Practical impact: The Act explicitly adds "any computer system" to the list that may be impounded and clarifies retention periods as "up to fifteen days" (versus Bill's "of fifteen days"), arguably the same practical effect but with different drafting emphasis on computer systems in the Act.
  • Restriction on actions under sub-section (4): Both texts state that an income-tax authority acting under sub-section (4) shall undertake only specified actions. The Act (Document 1, sub-section (6)) explicitly states those are the actions under sub-sections (5)(a) and (5)(b). The Bill has parallel wording but formatting differs.
    • Practical impact: Substantively similar; Act wording makes explicit which actions are permissible during TDS/TCS verification entry.
  • Definition of "proceeding": The Act (Document 1, sub-section (11)(B)) contains an express definition of "proceeding" (covering pending, completed, and subsequently commenced proceedings in respect of any year). The Bill (Document 2) does not include that definition.
    • Practical impact: The Act's explicit definition broadens clarity that survey material can be used for multiple stages of assessment or later proceedings; the Bill leaves this potentially ambiguous.
  • Inclusion of Inspector of Income-tax: Both versions include Inspector of Income-tax for limited purposes, though the Act sets out the inclusion within sub-clause labelling (11)(A)/(B) and specifies subordinate relationship "as specified by the Board."
    • Practical impact: Largely administrative/drafting differences; both permit limited use of Inspectors for designated actions.
  • Other drafting and structural differences: Minor differences in clause sequencing and phrasing (e.g., use of "exclusive of holidays," "up to" vs "of"), and the Act's explicit prohibition on removal of assets (sub-section (7)) mirrors the Bill but with slightly different placement.
    • Practical impact: Mostly interpretive/drafting; the Act is marginally more detailed in certain definitions (notably "proceeding") and in expressly including computer systems for impoundment, while the Bill more explicitly referenced virtual digital space and electronic media.

Practical Implications

  • Compliance and risk areas: Taxpayers should be prepared to provide technical assistance and access codes on survey entry; failure or evasion exposes them to enforcement u/s 246(1). The express reach to electronic media and virtual digital space increases exposure of cloud-stored records during surveys.
  • Record-keeping/evidence: Taxpayers should maintain accessible copies of records, documented chain of custody for electronic records, and contemporaneous explanations of transactions likely to be scrutinised. Given the power to mark and copy, maintaining integrity and availability of archives and backups is important. Not stated in the document: retention periods or specific standards for electronic evidence preservation beyond usual record-keeping obligations.

Key Takeaways

  • Clause 253 authorises robust survey powers, including entry, technical access (including access codes), marking, copying and impounding of records.
  • The Bill explicitly targets electronic media and virtual digital space, reflecting attention to digital records; it also permits access for TDS/TCS verification.
  • Temporal limits apply: business-hours or daylight entries and distinct restrictions when entry is for TDS/TCS verification.
  • Impounding requires reasons to be recorded; retention beyond fifteen days needs prior approval.
  • Non-compliance with survey requisitions triggers enforcement powers u/s 246(1).
  • The Bill lists authorised officers and permits Inspectors of Income-tax to act for limited purposes; however, some procedural and privacy safeguards are not detailed in the clause.

Full Text:

Section 253 Powers of survey.

Topics

Acts Income Tax