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
    Case LawsIncome Tax
    TDS and International Transactions: Categorization of Payments under the ambit of "royalty" or "fees...
    Case LawsIncome Tax
    Assessment u/s 153C and Unexplained Investments: A Case Study in Legal Reasoning
    Case LawsIncome Tax
    Delhi High Court Elucidates on the Scope of Section 80IA in the Context of Business Expansion: Inter...
    Case LawsIncome Tax
    Penalty Limitations and Reasonable Cause: Navigating the Nuances of Tax Penalties
    Joint Insolvency Applications in Real Estate and Fulfillment of Threshold under IBC: Limitation and ...
    Digital Authentication in Tax Notices and the Interplay of Sections 61 and 74 in GST Law: Exploring ...
    Confirmation of GST demand by adjudicating Show Cause notice u/s 73: Procedural Requirements and Fai...
    Case LawsCustoms
    Customs Duty of an EOU and the Fate of Obsolete Imports: Destroying Obsolete Goods without Paying Du...
    Understanding the Bail Denial: Case Analysis of a Money Laundering Offense
    When Taxpayers Make Mistakes in Filing GST Returns: Understanding the Legal Aspect of GST Rectificat...
    Navigating Insolvency Proceedings: Understanding CoC's Role and Section 65 of IBC in Corporate Liqu...
    In-depth Legal Examination of a High-Profile Tax Evasion and Forgery Case: Bail Application Denied
    Unraveling the Inverted Duty Structure: Complexities of ITC Refunds in GST
    Case LawsCentral Excise
    Reasonable Time for Adjudication of Show Cause Notice (SCN): The law requires authorities to exercis...
    Case LawsCustoms
    Navigating the Legal Labyrinth of Second-Hand Goods Import: The Intersection of Trade Policy and Jud...
    Case LawsIncome Tax
    Income Tax Return Delays: High Court Rules on Tax Authority's Decision-Making Boundaries
    Navigating Tax Law Complexities: judicial approach towards the adjudication and appeal process
    Case LawsIncome Tax
    The Interplay of Sales and Bogus Purchases in Tax Evasion Cases: Assessing Tax Evasion Allegations
    Case LawsIncome Tax
    Proportionality and Evidence in Tax Assessments: Accommodation entries, Bogus Purchase and Estimatio...
    Case LawsIncome Tax
    Judicial Scrutiny of Tax Deducted at Source (TDS) Non-Deposit: Protecting the Rights of Taxpayers Ag...
❯❯
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
    Case LawsIncome Tax
    Show AI Summary
    Royalty vs fees for included services: classification of cross border lead generation payments determines TDS obligation under tax treaty.
    Categorisation of cross border payments as royalty or fees for included services under the India US DTAA determines withholding under Section 195. Royalties cover payments for use of intellectual property; fees for included services require that technical knowledge, skill, or know how be made available. Services limited to lead generation, databases, or market facilitation without transfer of proprietary technical content do not qualify as either category and therefore fall outside the DTAA based TDS obligation.
    Case LawsIncome Tax
    Show AI Summary
    Search-based assessment jurisdiction governs treatment of unexplained investments when records are absent, shifting the burden of proof to the assessee.
    Assessment based on search-derived incriminating material applies when jurisdiction under search-based assessment is not contested, and unexplained investments are taxed depending on whether amounts are recorded in books of account. The assessee bears the onus to explain investments; absence of records, non-filing of returns and non-cooperation justify adverse inferences. Procedural elements such as delay condonation, set-aside orders and cooperation in reassessment affect the assessment process, while interest for non-furnishing of returns is tied to the timing of the regular assessment.
    Case LawsIncome Tax
    Show AI Summary
    Scope of Section 80IA: expansion within the same undertaking does not automatically forfeit tax holiday eligibility.
    The court considered whether adding services and acquiring additional licenses by a telecommunications company created a new "undertaking" for tax holiday purposes. Finding that the company continued its original business using largely the same infrastructure and manpower, the court endorsed the Tribunal's conclusion that expansion within the same operational framework does not automatically constitute a separate undertaking and should not defeat eligibility for the tax holiday intended to encourage capital intensive projects.
    Case LawsIncome Tax
    Show AI Summary
    Limitation for tax penalties: emphasis on initiation of action preserves enforcement; reasonable cause evaluated by business realities.
    Applicability of the limitation period is determined by the initiation of action rather than the formal start of penalty proceedings, making the triggering of enforcement activity the operative moment for limitation. The reasonable cause doctrine is applied with attention to the appellant's bank like operations despite its cooperative structure, recognizing long standing practices and business realities as bearing on culpability for transaction handling contraventions.
    Case LawsIBC
    Show AI Summary
    Joint application maintainability under IBC: interconnected real estate defaults can meet allottee threshold despite limitation objections.
    Maintainability of a joint application under the Insolvency and Bankruptcy Code is supported where separate corporate participants in a real estate project have interconnected obligations, allowing joinder in a single filing. The creditor threshold for initiating insolvency by allottees can include claims affected by limitation when the default is a continuous breach, producing a continuing cause of action under the Limitation Act and thereby supporting counting such claims toward the allottee threshold.
    Case LawsGST
    Show AI Summary
    Digital authentication of tax notices enables enforcement despite verification procedures not being an absolute prerequisite for punitive action.
    The analysis focuses on the legal effect of digitally authenticated GST portal notices, the sufficiency of portal-based service for triggering taxpayer obligations, and the distinction between routine verification of returns and discretionary enforcement actions for suspected fraudulent defaults; it observes that verification is not an absolute prerequisite to initiate enforcement where officers reasonably suspect fraud, and that failure to engage with portal notices weakens natural justice claims.
    Case LawsGST
    Show AI Summary
    Natural justice breach: non self contained, short notice show cause demands require reissuance with fair opportunity.
    A show cause notice initiating an adjudicatory demand must be self contained, supply sufficient material for response, and afford a reasonable opportunity to reply; an inadequate content and an unreasonably short response period (well below the preferred thirty days and below a minimum of fifteen days) violate audi alteram partem and procedural fairness. Defective notices warrant issuance of a fresh, legally valid notice rectifying the procedural defects, and may attract costs consequences against the issuing authority.
    Case LawsCustoms
    Show AI Summary
    Destruction of obsolete imports: destruction with Customs permission can relieve full customs duty subject to procedural compliance.
    Whether imported raw materials and components rendered obsolete may be destroyed without paying customs duty where the unit obtains Customs permission and offers to pay duty on scrap value; reliance was placed on the Foreign Trade Policy, Circular No. 60/1999 Cus and an amendment to the governing Notification which exempts duty when goods are destroyed with Customs' permission, balanced against the Revenue's contention that non use within prescribed time attracts duty.
    Case LawsPMLA
    Show AI Summary
    Money laundering offence: bail refused where admissible witness statements and accused failed to discharge burden showing non involvement.
    Bail was refused where admissible witness statements provided a prima facie basis to implicate the appellant in money laundering and the accused failed to show non involvement or low risk of reoffending. Money laundering was treated as an independent offence tied to dealings in proceeds, admissible statements supported inferences from financial transactions and concealment, parity was held non automatic, and discretionary release for trial delay does not guarantee bail in serious economic offences.
    Case LawsGST
    Show AI Summary
    GST rectification: inadvertent filing errors may be amended when no revenue loss, encouraging taxpayer-friendly compliance.
    Rectification of GST return entries is permissible where errors are inadvertent and do not cause revenue loss. The court interprets CGST/MGST filing and correction provisions purposively, recognising practical difficulties faced by taxpayers and the central importance of accurate returns for downstream GST processes. Authorities are urged to permit amendments by online or manual means in cases of genuine mistake without fiscal prejudice, promoting a taxpayer friendly and pragmatic approach consistent with other high court decisions.
    Case LawsIBC
    Show AI Summary
    CoC autonomy in insolvency: CoC may decide liquidation prior to plan confirmation and section 65 targets malicious filings.
    Committee of Creditors autonomy over liquidation is recognized: the CoC may lawfully decide liquidation under Section 33(2) before confirmation of a resolution plan, and Section 65 requires clear evidence of filings made for purposes other than insolvency resolution before imposing penal consequences.
    Case LawsGST
    Show AI Summary
    Bail considerations: Serious economic offence allegations constrain pretrial liberty when evidence tampering and investigative integrity risks exist.
    Bail considerations focus on the seriousness of alleged tax evasion, forgery and conspiracy under the IPC, the risk of evidence tampering or witness influence, and the accused's antecedents; ongoing investigation complexity and public interest in protecting the exchequer weigh against interim release. Arguments relying on GST compounding or procedural non-compliance are distinguished from IPC offences, and precedents concerning customs or GST matters are treated as contextually different when assessing pretrial liberty.
    Case LawsGST
    Show AI Summary
    Input Tax Credit refund: prior IGST refunds do not bar unutilized ITC claims; supporting evidence required for reconsideration.
    The court analysed entitlement to refund of unutilized Input Tax Credit under an inverted duty structure and held that prior IGST refunds for zero-rated supplies do not automatically bar a Section 54 refund claim; absence of debit entries alone cannot justify rejection. The decision emphasises the requirement to submit comprehensive supporting documents distinguishing inputs affected by the inverted duty structure and directs reconsideration allowing additional evidence and a reasoned order consistent with statutory conditions and principles of natural justice.
    Case LawsCentral Excise
    Show AI Summary
    Reasonable Time for Adjudication: undue delay undermines natural justice and precludes indefinite postponement of proceedings.
    Adjudication of an excise Show Cause Notice must occur within a reasonable time so as to preserve evidentiary integrity and witness availability; prolonged inaction between issuance of an SCN and hearing prejudices the respondent, infringes the principles of natural justice, and requires statutory time-limit language to be interpreted to prevent indefinite delay.
    Case LawsCustoms
    Show AI Summary
    Second-hand goods import classification clarified: multifunction capital equipment falls under unrestricted category, subject to compliance and duty measures.
    The court determined that imported second-hand multifunction print and copying machines fall within the Foreign Trade Policy 2023 unrestricted category I(d) for second-hand capital goods and were incorrectly classified as prohibited by customs; it contrasted the 2023 and 2019 policies, relied on precedent, and directed the customs department to pass appropriate orders within a reasonable time while permitting provisional measures subject to enhanced duty payment.
    Case LawsIncome Tax
    Show AI Summary
    Condonation of delay: focus on admissibility of the request, not the substantive merits of the tax claim.
    The legal principle requires that the authorized officer considering a condonation application under Section 119(2)(b) confine inquiry to the admissibility of the request and the justification for delay; assessment of the substantive merits of the taxpayer's income or loss claim is not part of the condonation exercise, and evidentiary review is limited to matters relevant to excusing the delay.
    Case LawsGST
    Show AI Summary
    Penalty under CGST law prompts appeal remedy and partial refund direction, preserving pre-deposit and taxpayer rights.
    The adjudicating officer withdrew the demand for inadmissible input tax credit and related interest and penalty, while separately imposing a penalty under Section 122(1)(vii) of the CGST Act adjusted against amounts paid by the petitioner. The court recognized the petitioner's appellate remedy and directed a partial refund subject to retention as pre-deposit, reflecting the procedural interplay between administrative adjudication and judicial review and safeguarding taxpayer rights during appeal.
    Case LawsIncome Tax
    Show AI Summary
    Interplay of sales and bogus purchases: sales consistency limits rejection of purchases and favors gross profit alignment for taxation.
    For traders, rejection of purchases cannot proceed in isolation where declared sales exhibit regularity; cost of goods sold must be coherent with recorded sales. Tax adjustments should compare differential gross profit margins and align challenged purchases with genuine GP rates, allowing proportional taxation reconciliations rather than adding the entire value of disputed purchases as income.
    Case LawsIncome Tax
    Show AI Summary
    Proportionality in tax assessments preserved: additions limited to profit element where sales are accepted, not entire purchase.
    Alleged accommodation entries may be restricted to taxation of the profit element where sales from those purchases are accepted; the tribunal limited an addition accordingly and the court upheld that proportionality. Separately, an enhanced gross profit addition was deleted because there was no concrete evidence to displace the assessee's declared book results; the court agreed that revenue must meet the evidentiary burden before altering declared figures.
    Case LawsIncome Tax
    Show AI Summary
    Tax Deducted at Source protection: taxpayers not liable for employer's failure to deposit TDS; refunds should not be adjusted.
    The note explains that TDS credit protection bars holding an assessee liable for tax already deducted by an employer who failed to remit it; employers bear the deposit obligation as tax-collecting agents. Adjusting taxpayer refunds or using coercive measures to recover demands arising from employer non-deposit contravenes the protective principle and indirect recovery limits, and authorities should correct credit mismatches rather than treat deductees as liable.

    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 292 "Assessment of total undisclosed income as a result of search." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

      10 September, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Section 292 Assessment of total undisclosed income as a result of search.

      Income-tax Act, 2025

      At a Glance

      Clause 292 of the Income Tax Bill, 2025 - (Old Version) sets out a special procedure for assessment in cases of search or requisition, providing for block period assessment and abatement of parallel assessment proceedings. It matters to taxpayers subject to search or requisition, the income-tax department and practitioners handling search-assessment litigation. Effective date: "on or after the commencement of this Act" (as stated).

      Background & Scope

      Statutory hooks: Clause 292 is placed in Part B entitled "Special procedure for assessment of search cases" of the Income Tax Bill, 2025. It governs assessment of "income pertaining to the block period" where a search is initiated or requisition made. The clause interacts with provisions on references to the Board u/s 166 and cross-references section 293 (for computation/definition of block period income) and section 192 (for the tax rate to be applied). The Bill does not set forth definitions within Clause 292; any definitions of "block period," "search," "requisition," or "undisclosed income" are not stated in the clause itself.

      Statutory Provision Mode

      Text & Scope

      Clause 292(1) commands that irrespective of other provisions of the Act, where a search is initiated or requisition made on or after commencement, the Assessing Officer shall proceed to assess or reassess the total income of the block period as per this Chapter. The compulsion is comprehensive ("irrespective of any other provision"), indicating a special, paramount assessment route for search cases. Clause 292(6) provides that income other than undisclosed income of the tax year in which the last authorisation for search is executed should be assessed separately under other provisions of the Act. Clause 292(7) prescribes charging tax on the "total income pertaining to the block period" at the rate specified in section 192, irrespective of the tax year(s) to which such income pertains.

      Interpretation

      The text suggests legislative intent to centralise assessment dimensions arising out of searches into a block assessment calendar, to avoid multiplicity of parallel proceedings for the same block-period income. The non-obstante language in clause (1) and (2) indicates a deliberate statutory priority to the Chapter's procedures over ordinary year-wise assessments for years within the block period. Clause (5)'s revival mechanism indicates an intent to preserve the department's recourse if a block assessment is annulled - abated proceedings are capable of revival upon annulment of the Chapter's proceedings. Overall, the clause reflects an intent to provide a distinct, consolidated regime for search-related assessments, to streamline assessment and to protect revenue via revival mechanisms.

      Exceptions/Provisos

      Clause 292(4) carves out cases where multiple searches/requisitions occur: if a subsequent search/requisition requires assessment under the Chapter, any pending assessment under the Chapter shall be completed first; then assessment for the subsequent search shall follow; if the remaining period for the subsequent assessment is less than three months, the period is to be extended to three months from the end of the month in which the earlier assessment was completed. This is a procedural proviso ensuring adequate time for downstream assessments. No other provisos (such as thresholds or exemptions) appear in the clause.

      Illustrations

      • Example 1: A search is initiated on 1 April 2025 covering a block period comprising financial years 2018-19 to 2023-24. Clause 292(1) requires the Assessing Officer to assess or reassess the total income of that block period under the Chapter. Year-wise assessments pending for those years would abate under clause (2).
      • Example 2: If a notice for assessment under ordinary provisions was issued for a tax year within the block period after the date of search but before the order under the Chapter is made, clause (2) provides that such proceedings shall abate. Clause (5) contemplates revival if the Chapter's proceeding is later annulled in appeal.

      Interplay

      Clause 292 cross-refers to section 166 (references to the Board), section 293 (computation/definition of block period income) and section 192 (tax rate). It establishes that proceedings under other provisions of the Act for years in the block period abate and are deemed to have abated. Clause 6 preserves separate assessment of non-undisclosed income of the year of last search authorisation under general provisions. Clause 5 allows revival of abated proceedings should Chapter proceedings be annulled, indicating procedural interplay with appellate processes. The clause does not mention rules, forms, or timelines beyond the three-month extension in clause (4)(c).

      Differences between (Document 1) Section 292 of the Income-tax Act, 2025 and (Document 2) Clause 292 of the Income Tax Bill, 2025 - (Old Version)

      • Title / Description: Document 1 is presented as "Section 292" of the enacted Income-tax Act, 2025 (heading: "Assessment of total undisclosed income as a result of search"). Document 2 is the "Clause 292" from the Income Tax Bill, 2025 - Old Version (heading: "Assessment of income pertaining to the block period").
        • Practical impact: The enacted version uses the phrase "total undisclosed income" whereas the Bill used "total income" (or "total income pertaining to the block period" in sub-clause (7)). This narrows the focus in the enacted Act to undisclosed income, which has implications for scope of taxation and assessment - assessments under the enacted provision are directed at undisclosed income, not all income of the block period.
      • Reference to Parts/Chapters: The Bill (Document 2) repeatedly refers to "this Chapter." The enacted Section (Document 1) refers to "this Part."
        • Practical impact: Terminology change may reflect structural changes in the statute; substantively this is a drafting/organizational change rather than a change in substantive operation, but it may affect cross-references elsewhere in the Act.
      • Substantive Wording - Clause (1): Bill: "the Assessing Officer shall proceed to assess or reassess the total income of the block period as per this Chapter." Enacted: "the Assessing Officer shall proceed to assess or reassess the total undisclosed income of the block period as per provisions of this Part."
        • Practical impact: As above, enacted text confines assessment to undisclosed income rather than "total income," narrowing taxable base within the block assessment procedure.
      • Sub-clause (2)(b) in Enacted vs single (2) in Bill: The Bill has a single sub-section (2) stating abatement of pending proceedings. The enacted Section expands and divides subsection (2) into (2)(a) and (2)(b), and adds specific language about notices issued during the search-to-order period and abatement deemed on date of issue of such notice.
        • Practical impact: Enacted text gives more granular treatment to proceedings for tax years in the block period where notices were issued during the search window; it clarifies that such proceedings abate and are deemed to have abated on the date of issue of the notice. This may affect calculation of limitation or procedural rights when notices are issued during the pendency of a search-related assessment.
      • Sub-clause (3): Both documents have a provision about references u/s 166(1) or orders u/s 166(6) abating; the enacted version expressly states the reference/order along with proceedings shall abate "and shall be deemed to have abated on the date referred to in sub-section (2)." Bill says they "shall abate on the date referred to in sub-section (2)."
        • Practical impact: Largely drafting parity; enacted version echoes the deeming language used elsewhere.
      • Sub-clause numbering and (5) scope: Bill's clause (5) provides revival where any proceeding "initiated or completed under this Chapter has been annulled." Enacted clause (5) limits the overriding saving to "Irrespective of anything contained in this part or section 286," and links annulment of a proceeding initiated under this part or any order of assessment/reassessment made u/s 294(1)(c) with revival of abated proceedings.
        • Practical impact: Enacted text narrows the cross-over by specifically tying revival to annulment of assessment or order under specific section 294(1)(c) and by adding reference to section 286 and the Part; it also clarifies the administrative step (revival effective on receipt by Principal Commissioner/Commissioner). This changes procedural mechanics and the authority for revival.
      • Sub-clause (7) differences - cross-reference and terminology: Bill: "The total income pertaining to the block period, as referred to in section 293(5) shall be charged to tax at the rate specified in section 192." Enacted: "The total undisclosed income relating to the block period, as referred to in section 293(7) shall be charged to tax at the rate specified in section 192 as income of the block period."
        • Practical impact: Enacted text both changes the cross-reference (s.293(7) vs s.293(5)) and substitutes "total undisclosed income" for "total income," and expressly states it is "as income of the block period." This aligns with the enacted focus on undisclosed income and may alter rate application depending on how section 293 and section 192 are structured in the final Act. Cross-reference changes could affect interpretive linkages with section 293.
      • Miscellaneous drafting differences: Minor differences in wording (e.g., "Irrespective of anything contained in any other provision of this Act" in the Bill vs "Irrespective of anything contained in this part or section 286" in enacted text).
        • Practical impact: Enacted limitation to "this part or section 286" could restrict the broadness of non-obstante clause compared to the Bill's broader sweep; this may change how other provisions operate vis-`a-vis block assessment provisions.

      Practical Implications

      • Compliance and risk areas: Taxpayers carrying on activity subject to a search should expect consolidated block assessment procedures and likely abatement of concurrent year-wise assessments. There is an increased risk of comprehensive assessment of all block period income under the Chapter regime rather than piecemeal year-wise scrutiny.
      • Record-keeping/evidence: The clause implies the need to preserve documentation relevant to the entire block period; the statutory abatement of year-wise proceedings means evidence must support positions across years. While the clause does not prescribe specific records, the practical consequence is wide-ranging documentary preservation to defend aggregate assessments.

      Key Takeaways

      • The Bill centralises assessment for search/requisition cases into a block assessment procedure overriding ordinary year-wise assessments.
      • Pending assessments for tax years within the block period abate upon initiation of search or requisition.
      • Multiple searches trigger a sequential completion rule; time for subsequent assessments is extended to a minimum three months if necessary.
      • Abated proceedings may revive if the Chapter's proceedings are annulled on appeal or other legal proceedings.
      • Income other than undisclosed income for the year of last authorisation is to be assessed separately under ordinary provisions.
      • Tax on block period income is to be charged at the rate in section 192, irrespective of year-wise incidence.
      • Clause is drafted to prioritise department's consolidated assessment approach; taxpayers should plan comprehensive record retention for the block period.

      Full Text:

      Section 292 Assessment of total undisclosed income as a result of search.

      Topics

      ActsIncome Tax