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
    NewsBills
    TDS on non exempt portion of life insurance pay-out on net basis.
    NewsBills
    Clarification regarding definition of the “accounting year” in section 286 of the Act
    NewsBills
    Rationalisations of provisions relating to maintenance, keeping and furnishing of information and do...
    NewsBills
    Compliance with the notification of exemption issued under section 56(2)(viib)
    NewsBills
    Consequential amendment to section 56
    NewsBills
    Rationalisation of penalty provisions relating to under-reported income
    NewsBills
    Rationalisation of the provisions of section 276CC
    NewsBills
    Rationalisation of provision relating recovery of tax in pursuance of agreements with foreign countr...
    NewsBills
    Rationalisation of provisions relating to claim of refund.
    NewsBills
    Rationalisation of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act...
    NewsBills
    Rationalisation of the Income Declaration Scheme, 2016
    NewsBills
    Rationalisation of provisions relating to STT
    NewsBills
    Rationalizing the provisions of the Prohibition of Benami Property Transactions Act
    NewsBills
    Extension of tax concession to The Special Undertaking of the Unit Trust of India (SUUTI)
    NewsBills
    Amendments in Customs - FINANCE (No.2) BILL, 2019
    NewsBills
    AMENDMENTS IN THE CUSTOMS ACT, 1962 - FINANCE (No.2) BILL, 2019
    NewsBills
    AMENDMENTS IN THE CUSTOMS TARIFF ACT, 1975 - FINANCE (No.2) BILL, 2019
    NewsBills
    AMENDMENTS IN THE FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975  - FINANCE (No.2) BILL, 2019
    NewsBills
    PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES AND CLARIFICATORY AMENDMENTS IN RESPECTIVE N...
    NewsBills
    PROPOSALS INVOLVING CHANGES IN EXPORT DUTY RATES - FINANCE (No.2) BILL, 2019
❯❯
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
    NewsBills
    Show AI Summary
    TDS on life insurance income: withholding will target the income component to align taxable reporting and reconciliation.
    The amendment requires withholding tax to be deducted on the income component of non-exempt life insurance payouts rather than on the gross payout, to facilitate automatic matching of deductor TDS returns with recipients' tax returns because the payer can ascertain the premium paid by the policyholder, and specifies a commencement date for the change.
    NewsBills
    Show AI Summary
    Accounting year definition clarified to follow ultimate parent's year for alternate reporting entities, with retrospective effect.
    For an alternate reporting entity resident in India whose ultimate parent is not resident in India, the reporting accounting year for Country-by-Country Reporting shall be the accounting year applicable to that ultimate parent entity rather than the Indian ARE's own previous year; this clarificatory amendment is retrospective to 1 April 2017 and applies to assessment year 2017-18 and thereafter.
    NewsBills
    Show AI Summary
    Transfer pricing documentation expanded: constituent entities must maintain and furnish group information even without transactions.
    The amendment mandates that a constituent entity of an international group must keep and maintain prescribed group-level information and documents and file the required form even if the constituent entity has undertaken no international transaction. It further requires the constituent entity to furnish the prescribed information to the designated authority, with the amendment effective from 1 April 2020 for the relevant assessment year.
    NewsBills
    Show AI Summary
    Tax treatment of excess consideration on share issues: conditional exemptions; non compliance converts excess into taxable deemed income.
    The measure makes conditional exemptions from tax on excess consideration for share issues subject to specified compliance conditions and provides that any failure to comply will result in the excess consideration over face value being treated as deemed income of the company, chargeable to income tax in the previous year in which the non compliance occurred.
    NewsBills
    Show AI Summary
    Statutory reference correction in tax law: interest on compensation aligned with amended valuation provision, applied retrospectively.
    An amendment will correct the statutory reference in section 56 of the Income tax Act to cite section 145B(1) instead of section 145A(b), ensuring that interest on compensation or enhanced compensation is chargeable to tax under the revised provisions introduced by the Finance Act, 2018. The correction is retrospective to the start of the applicable fiscal period and applies to the relevant assessment years.
    NewsBills
    Show AI Summary
    Penalty computation for under-reported income clarified for returns filed during reassessment, applied retrospectively to relevant assessment years.
    Amendments prescribe the method to compute the quantum of penalty where a taxpayer under-reports income and furnishes a return for the first time during reassessment proceedings; they address the existing absence of such a computation mechanism and apply retrospectively to cover specified assessment years.
    NewsBills
    Show AI Summary
    Prosecution threshold for late tax returns broadened to include self-assessment tax and tax collected at source.
    Determination of tax liability under section 276CC will include pre-paid taxes, specifically tax collected at source and self-assessment tax paid before the expiry of the assessment year, when deciding whether the tax payable falls below the prosecution threshold. The amendment also increases the monetary threshold applicable for prosecution and applies to the relevant subsequent assessment years.
    NewsBills
    Show AI Summary
    Tax recovery under international agreements expanded to allow enforcement based on residency when property details are unavailable.
    Amendments permit recovery of tax under agreements with foreign countries where property details are unavailable by allowing enforcement when the target person is a resident in India, and reciprocally where an assessee in default is a resident in a foreign country despite lack of property details, thereby enabling treaty-based recovery through residency-based enforcement.
    NewsBills
    Show AI Summary
    Refund claims must be filed as tax returns, simplifying refunds and extending limitation for sale of attached property.
    Claims for refund under Chapter XIX must now be made by furnishing a return under the statutory return-filing provisions, replacing the prior prescribed claim form and verification procedure, effective 1 September 2019. The limitation for sale of immovable property attached for recovery of tax is extended from three to seven years from the end of the financial year in which the demand becomes final, and the Board may further extend that period by three years for reasons recorded in writing; this amendment is also effective 1 September 2019.
    NewsBills
    Show AI Summary
    Residence-based taxation clarified: expanded assessee definition and reassessment provisions to capture undisclosed foreign income and assets.
    Amendments expand the definition of assessee to include residents in the relevant previous year and certain non-residents or not-ordinarily-residents who were resident either in the year the income relates to or in the year an undisclosed foreign asset was acquired, with acquisition year determined without applying a carry-forward provision; they also add "re-assess" and "reassessment" terminology and make reassessment procedure from the income-tax framework applicable with modifications, while clarifying that the appellate authority may both increase and decrease penalties.
    NewsBills
    Show AI Summary
    Post-deadline payment relief: notified declarants may pay outstanding tax with monthly interest and possible refunds after review.
    Amendments permit the Central Government to notify classes of declarants who may make outstanding tax, surcharge and penalty payments after the due date by a notified date, with interest at one per cent per month or part-month from the day after the due date until payment. The Government may also notify classes of persons entitled to refunds of amounts paid in excess under the Scheme; the refund provision is made retrospective to 1 June 2016.
    NewsBills
    Show AI Summary
    Securities transaction tax change: levy on exercised options now measured by the strike settlement price difference, affecting option sales.
    The taxable value for sale of an option in securities where the option is exercised is redefined to be the difference between the strike price and the settlement price, replacing the previous measure of the settlement price for STT calculations; this legislative amendment is enacted by Clause 193 of the Finance (No.2) Bill, 2019 and takes effect from 1st September, 2019.
    NewsBills
    Show AI Summary
    Benami transaction enforcement: amendments streamline initiation, attachment timing, evidence admissibility and penalties.
    Amendments clarify that Initiating Officer need not obtain prior Approving Authority approval once notice under section 24(1) is issued; fix that the 90 day periods for provisional attachment and passing of orders run from the end of the month of notice and exclude court stays; introduce a penalty for failure to comply with summonses or furnish information; permit admissibility of certified authority records as evidence; and replace prior sanction by the Board with sanction by the competent authority.
    NewsBills
    Show AI Summary
    Tax exemption extension for SUUTI preserves income-tax immunity retrospectively, extending the concession for an additional two-year period.
    The Finance Bill (Clause 186) proposes to extend SUUTI's income-tax and related tax exemption for an additional two-year period, maintaining its immunity in relation to income, profits, gains or amounts from the specified undertaking, and to give the amendment retrospective effect from the start of the relevant fiscal year.
    NewsBills
    Show AI Summary
    Customs duty definitions clarified under Finance Bill, setting scope and an enactment date effectiveness for amendments.
    Amendments in the Finance (No. 2) Bill, 2019 clarify that Basic Customs Duty means the customs duty under the Customs Act, 1962; Export duty means the customs duty on goods in the Second Schedule to the Customs Tariff Act, 1975; and Road and Infrastructure Cess means the additional duty under section 111 of the Finance Act, 2018. Amendments become effective on enactment unless otherwise specified, and clause numbers are shown in square brackets.
    NewsBills
    Show AI Summary
    Verification of identity through biometric identifiers enables customs to verify individuals and suspend benefits for non-compliance.
    Amendments broaden customs powers: departure manifests may be furnished to notified persons; a new verification chapter permits identity checks through Aadhaar or alternatives with regulatory exemption and penalties for non-compliance; authorised screening and body scans may be reported to a magistrate. Arrest powers extend beyond territorial waters, specified offences are made cognizable or non-bailable, and custody rules for seized goods are clarified. Officers may provisionally attach bank accounts with limited extension and adjudicatory release. New penalties address fraudulent procurement or use of instruments and increase monetary caps; the Board may make related regulations.
    NewsBills
    Show AI Summary
    Anti circumvention measures for countervailing duty introduced, and appeals on safeguard determinations moved to appellate tribunal.
    An amendment inserts an anti circumvention provision into the Customs Tariff Act to prevent evasion of countervailing duty, and another amendment channels appeals against determinations or reviews about increased import volume for imposition of safeguard duty to the Customs Excise and Service Tax Appellate Tribunal.
    NewsBills
    Show AI Summary
    Customs duty revisions: targeted increases and reclassification to align tariff lines, affecting specific goods and book treatment.
    The Finance (No. 2) Bill, 2019 revises Basic Customs Duty rates for specified tariff headings across construction materials, precious metals, automobile parts and electronics effective 06.07.2019 by virtue of a provisional collection declaration, and inserts Chapter Note 7 to exclude printed books for personal use from heading 9804 so they attract applicable merit rates. Clause 87(b) directs creation of specific tariff lines and rectification of classification errors to align the First Schedule with HSN, effective on a date to be notified in the Official Gazette.
    NewsBills
    Show AI Summary
    Basic customs duty changes reorganise import tariff reliefs and increases across strategic manufacturing and project imports.
    Proposals revise basic customs duty rates and clarify notifications across sectors, granting nil-rating or reduced duties for specified defence, medical device, nuclear project and electronics capital goods imports, while increasing duties on various agricultural, petrochemical, plastic, metal, paper, flooring and automobile imports; they also permit duty on depreciated transaction value for disposal of petroleum-operation imports, expand duty-free inputs for sports-goods exports, and clarify duty treatment for non-pellet prawn and shrimp feeds.
    NewsBills
    Show AI Summary
    Export duty reductions proposed under Finance Bill lower tariffs on tanned leather and hides, skins and leathers.
    The Finance (No.2) Bill, 2019 proposes removal of export duty on EI tanned leather and a reduction of export duty on hides, skins and leathers, tanned and untanned, effecting tariff-rate adjustments for the leather sector under customs regulation.

    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 261 "Interpretation." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

      9 September, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Section 261 Interpretation.

      Income-tax Act, 2025

      At a Glance

      Clause 261 of the Income Tax Bill, 2025 (Old Version) sets out definitions used in the Chapter dealing with powers relating to search, seizure and requisition. It matters because definitional scaffolding determines the scope of search-and-seizure powers and the evidentiary status of electronic material; affected parties include taxpayers, authorised officers, and the Department. Effective date or decision date: Not stated in the document.

      Background & Scope

      Statutory hooks: Clause 261 sits in Chapter XIV (as the note indicates) of the Income Tax Bill, 2025. It supplies definitions of expressions used for the purposes of the Chapter that regulates powers (search, requisition and related procedural mechanisms). The clause lists definitional meanings for "approving authority," "asset," "authorised officer," "competent authority," "computer system," "date on which the last of the authorisations for search was executed," "material seized," "proceeding" and "virtual digital space." The text provides definitions but no express legislative history or policy rationale. Any statutory cross-references explicitly stated are to section 247 and section 248 (for search and requisition), and to the Income-tax Act, 1961 in the "proceeding" definition.

      Statutory Provision Mode

      Text & Scope

      The clause defines the following core terms:

      • Approving authority: enumerates senior posts (Principal Director General/Director General; Principal Chief Commissioner/Chief Commissioner; Principal Director/Director; Principal Commissioner/Commissioner).
      • Asset: defined as "any money, bullion, jewellery or other valuable article or thing, held in physical or virtual form." This is a broad property-oriented definition, purposely not limiting to corporeal assets.
      • Authorised officer: ranges from Joint Director/Additional Director through to Income-tax Officer/Tax Recovery Officer; this specifies the class of officers empowered under the Chapter.
      • Competent authority: similar enumeration to approving authority but broader, including Joint Director/Additional Director and Joint Commissioner/Additional Commissioner.
      • Computer system: broad language: "computers, computer systems, computer networks, computer resources, communication devices, digital or electronic data storage devices" whether stand-alone or networked, including remote server, cloud server or virtual digital space; describes both modes of use and examples of included infrastructure.
      • Date on which the last of the authorisations for search was executed: two alternatives:
        • (i) in the case of search, the date of conclusion as recorded in the last panchnama drawn for persons covered by a warrant;
        • (ii) in case of requisition u/s 248, the date of actual receipt of books, documents or assets by the requisitioning officer.
      • Material seized: defined expansively to include books of account, other documents, digital data storage devices, computer systems and extracts seized during searches u/s 247 or requisition u/s 248; explicitly mentions backups from specialised programmes and electronic records (tally, excel, word files) and says such material "shall be construed to mean as book of accounts maintained by the said person."
      • Proceeding: covers any proceeding in respect of any year whether under the Income-tax Act, 1961 or under this Act that may be pending on the date of authorisation of a search/requisition or completed on or before such date, and includes proceedings which may be commenced after such date.
      • Virtual digital space: defined as an environment created via computer technology, including email servers, social media accounts, online investment/trading/banking accounts, websites storing ownership details, remote/cloud servers, application platforms and similar spaces.

      Interpretation

      The clause evinces an interpretive approach that is expansive and technology-aware. "Asset" as "physical or virtual" and the separate definition of "virtual digital space" show intent to capture non-physical forms of value. The "computer system" definition emphasises functional coverage - whether standalone or networked - and expressly includes cloud and remote servers. The "material seized" provision equates seized electronic records/backups with books of account, indicating legislative intent to treat digital evidence on parity with traditional account books for purposes of assessment and proceedings. The "proceeding" definition adopts a temporal sweep, covering past, pending and future proceedings tied to the date of search/requisition.

      Exceptions/Provisos

      Not stated in the document.

      Illustrations

      • If during a search (authorised u/s 247), an authorised officer seizes a company's cloud-hosted accounting backup, that backup would fall within "material seized" and be treated as books of account maintained by the company (consistent with the definition).
      • If a requisitioning officer u/s 248 takes physical custody of a server containing transaction logs on a stated date, the "date on which the last of the authorisations for search was executed" (for purposes of related provisions) would be the date of actual receipt of that server (as "assets").
      • An online trading account held on a digital application platform falls within "virtual digital space" and accordingly may be captured by definitions of assets or material when relevant to a search/requisition.

      Interplay

      The clause expressly references sections 247 and 248 as the operative powers under which material may be seized or requisitioned. It cross-links to the Income-tax Act, 1961 in defining "proceeding." The provision states that electronic backups and specialised programme data are to be treated as books of account for purposes of the Chapter; this creates an internal evidentiary linkage between digital material and statutory accounting records. No explicit references to rules, notifications or circulars are contained in the text.

      Differences between the two provisions and practical impact

      • Terminology - "asset" includes "virtual digital asset": The Act (Document 1) expressly expands the definition of "asset" to include "virtual digital asset"; the Bill (Document 2) refers to "asset" as "any money, bullion, jewellery or other valuable article or thing, held in physical or virtual form" and does not explicitly use the phrase "virtual digital asset."
        • Practical impact: the Act's explicit inclusion of "virtual digital asset" clarifies legislative intent to capture cryptocurrencies and similar instruments; the Bill's broader but less explicit phrasing may leave room for interpretive disputes about whether specific crypto instruments fall within "virtual digital asset" or merely "virtual form" of an asset.
      • Scope of "material seized" vs "material seized or requisitioned": The Bill (Document 2) uses the heading "material seized" and describes items seized during search or requisition; the Act (Document 1) uses "material seized or requisitioned" as the term and expressly includes "computer systems" in the list and states that such material "shall be construed to mean as books of accounts maintained by the said person."
        • Practical impact: the Act clarifies that requisitioned material is explicitly included and equates seized electronic material to books of accounts, potentially broadening evidentiary reach and supporting treatment of electronic extracts as formal books; the Bill's framing is marginally narrower or less explicit on that declaratory equivalence.
      • Inclusion of "electronic form" and "electronic record" cross-references: The Act (Document 1) contains specific sub-clauses (g) and (h) that adopt terms from the Information Technology Act, 2000; the Bill (Document 2) does not include corresponding sub-clauses labelled (g) and (h) for those exact cross-references (in the Bill numbering, (g) is used for "material seized" and (h) for "proceeding").
        • Practical impact: the Act's explicit cross-references to the IT Act clarify that statutory notions of electronic documents and records are to be read consistently with established definitions; the Bill is less explicit about adopting those statutory definitions, possibly creating interpretive friction as to whether IT Act definitions are imported.
      • "Proceeding" definition present in the Bill but absent in the Act text provided: The Bill includes a definition of "proceeding" (Document 2, clause (h)) describing what proceedings are covered (including references to the Income-tax Act, 1961 and proceedings pending or completed on the date of search/requisition). The Act excerpt (Document 1) as provided does not contain that "proceeding" definition.
        • Practical impact: retention of an express "proceeding" definition in the Bill would have clarified temporal and substantive reach of actions triggered by searches/requisitions; its absence from the Act extract may mean either omission in the Act or that it is located elsewhere-if absent, scope of covered proceedings may be less explicitly delimited, creating uncertainty over retrospective or prospective application to earlier or later proceedings.
      • Computer system / computer resources phrasing: Both texts define "computer system" broadly, but the Bill starts with "computers, computer systems" and the Act begins with "computers, computer networks," etc. The Act explicitly repeats "computer resources, communication devices, digital or electronic data storage devices" and again includes "virtual digital space."
        • Practical impact: differences are largely stylistic; both convey a broad technological reach. The Act's inclusion of "virtual digital space" in the computer system clause and as a separate defined term strengthens the capture of cloud and online environments.
      • Requisition wording in definition of the date on which last authorisation was executed: The Bill's clause (f)(ii) refers to "actual receipt of the books of account or other documents or assets by the requisitioning officer"; the Act's clause (f)(ii) expands that to "books of account or other documents or computer system or assets."
        • Practical impact: the Act's explicit inclusion of "computer system" in what may be requisitioned tightens the statutory basis for claiming a requisitioned server or digital environment was effectively taken on a given date; the Bill might have been read to focus more on physical assets or documents.

      Practical Implications

      • Compliance and risk areas: Taxpayers with digital records or holdings in virtual spaces should expect those records to be treated as books of account when seized or requisitioned. The broad definition of "computer system" and "virtual digital space" increases the Department's practical reach into cloud servers, social media accounts and online financial platforms during investigations.
      • Record-keeping/evidence points: Entities should maintain clear, verifiable backups and audit trails for accounting software, spreadsheets and electronic records since the statute singles out backups from specialised programmes. Documentation that demonstrates provenance and linkage between digital files and formal accounts will be relevant where seized material is used as books of account.

      Key Takeaways

      • Clause 261 supplies a broad, technology-inclusive set of definitions to govern search, seizure and requisition powers in the Chapter.
      • "Material seized" explicitly includes digital backups and computer systems and is to be construed as books of account, elevating electronic records to evidentiary parity with traditional accounting records.
      • "Virtual digital space" is comprehensively defined to include email servers, social media, online investment/trading/banking accounts, websites holding ownership details, remote/cloud servers and application platforms.
      • "Proceeding" is defined to cover proceedings under the Income-tax Act, 1961 and the new Act, including pending, completed or subsequent proceedings linked to the date of search/requisition.
      • The clause casts a wide net over digital environments and assets, signalling administrative emphasis on accessing electronic data during tax investigations.

      Full Text:

      Section 261 Interpretation.

      Topics

      ActsIncome Tax