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
    Providing check on survey operations under section 133A of the Act.
    NewsBills
    Provision for e-appeal.
    NewsBills
    Amendment in Dispute Resolution Panel (DRP).
    NewsBills
    Modification of e-assessment scheme.
    NewsBills
    Widening the scope of Commodity Transaction Tax (CTT).
    NewsBills
    Rationalization of tax treatment of employer’s contribution to recognized provident funds, superan...
    NewsBills
    Widening the scope of section 206C to include TCS on foreign remittance through Liberalised Remittan...
    NewsBills
    Widening the scope of TDS on E-commerce transactions through insertion of a new section.
    NewsBills
    Enlarging the scope for tax deduction on interest income under section 194A of the Act.
    NewsBills
    Reducing the rate of TDS on fees for technical services (other than professional services).
    NewsBills
    Allowing deduction for amount disallowed under section 43B, to insurance companies on payment basis.
    NewsBills
    Amendment for providing attribution of profit to Permanent Establishment in Safe Harbour Rules under...
    NewsBills
    Modification of the definition of “business trust”
    NewsBills
    Allowing carry forward of losses or depreciation in certain amalgamations.
    NewsBills
    Deferring TDS or tax payment in respect of income pertaining to Employee Stock Option Plan (ESOP) of...
    NewsBills
    Exempting non-resident from filing of Income-tax return in certain conditions.
    NewsBills
    Providing an option to the assessee for not availing deduction under section 35AD.
    NewsBills
    Increase in safe harbour limit of 5 per cent. under section 43CA, 50C and 56 of the Act to 10 per ce...
    NewsBills
    Excluding interest paid or payable to Permanent Establishment of a non-resident Bank for the purpose...
    NewsBills
    Amendment of section 194LD of the Act to extend the period of concessional rate of withholding tax a...
❯❯
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
    Survey approval requirements: amended hierarchy now mandates higher-level approval before conducting surveys under section 133A.
    Amendment introduces a tiered prior-approval regime for exercise of survey powers: where information is received from a prescribed authority, lower-ranked officers require prior approval from the intermediate supervisory tier; in other cases, officers below the senior administrative tier require prior approval from that senior tier. The change raises the approval threshold in non-prescribed-authority cases and takes effect from the stated effective date.
    NewsBills
    Show AI Summary
    E-appeal scheme to enable faceless electronic appellate proceedings and permit government to modify appellate procedure.
    A proposed insertion to section 250 empowers the Central Government to notify an e-appeal scheme to enable electronic disposal of appeals, eliminate in-person interface between Commissioner (Appeals) and appellants to the extent technologically feasible, optimise resource use through economies of scale and functional specialisation, and introduce an appellate system with dynamic jurisdiction. The power includes directing, by notification, that statutory provisions on jurisdiction and appellate procedure may not apply or may apply with specified exceptions, modifications and adaptations, and requires such notifications to be laid before both Houses of Parliament.
    NewsBills
    Show AI Summary
    Dispute Resolution Panel expansion: added non-resident taxpayers can seek DRP review when AO proposes prejudicial assessment variations.
    Amendment expands the Dispute Resolution Panel (DRP) procedure to require the Assessing Officer to forward a draft assessment order when proposing any variation prejudicial to the assessee, permitting the taxpayer to file objections with the DRP whose binding directions govern the AO. The definition of eligible assessee is widened to include non-resident persons other than companies alongside foreign companies and cases with transfer pricing adjustments.
    NewsBills
    Show AI Summary
    E-assessment scheme expanded to include best-judgement assessments and extend direction power through a temporary sunset period.
    Amendment expands the E-assessment Scheme, 2019 to include best judgement assessment within the scope of the scheme-making power under sub-section (3A) of section 143, and permits the Central Government to issue directions under the provision for a prescribed limited period, effective from the commencement of the stated assessment year.
    NewsBills
    Show AI Summary
    Commodity Transaction Tax expansion: new tax coverage for options in goods and derivatives tied to other derivatives.
    Amendments expand the scope of Commodity Transaction Tax (CTT) to include sales of derivatives based on prices or indices of commodity derivatives and sales of an option in goods, and replace "recognised association" with "recognised stock exchange". The proposal allocates CTT liability by product and settlement mode-seller liability for derivatives based on derivatives' prices or indices, purchaser liability for exercised options in goods with different treatment for physical delivery versus non-delivery settlement-and updates statutory definitions, the CTT schedule, and value computation accordingly.
    NewsBills
    Show AI Summary
    Employer contribution cap to retirement funds: excess employer contributions taxable and related accretions treated as perquisite.
    A combined upper limit is proposed on employer contributions to the National Pension Scheme, superannuation funds and recognized provident funds; employer contributions exceeding the combined cap in a year will be taxable, and annual accretions to the fund relating to such employer contributions shall be treated as a perquisite to the extent included in total income.
    NewsBills
    Show AI Summary
    Tax Collected at Source expanded to cover overseas remittances, tour packages and sales-based collections with specified exemptions.
    Amendments expand Tax Collected at Source (TCS) under section 206C to require authorised dealers to collect TCS on specified overseas remittances under LRS and sellers to collect TCS on sale of overseas tour packages, both with higher rates for non-PAN/Aadhaar cases and specified exemptions. Separately, sellers with turnover above a prescribed threshold must collect TCS on sale of goods above a set consideration limit, subject to notification-based exemptions and exclusions for certain government and diplomatic entities. Provisions take effect from 1 April 2020.
    NewsBills
    Show AI Summary
    TDS on e commerce transactions: operators must withhold on gross platform receipts and treat direct payments as operator credits.
    A new provision imposes TDS on e commerce transactions by requiring the e commerce operator to deduct tax on the gross amount of sales or services when credited to or paid to an e commerce participant; direct payments by purchasers are treated as operator payments. Low volume individual and HUF participants who furnish PAN or Aadhaar are exempt from withholding. The provision overrides other TDS liabilities for the same transactions, excludes operator receipts for unrelated advertising services, and includes definitions and consequential amendments to align withholding and procedural provisions.
    NewsBills
    Show AI Summary
    Tax deduction on interest income: large co-operative societies must withhold tax when turnover and per payee interest exceed specified thresholds.
    The amendment narrows exemptions in section 194A(3) so that a co operative society otherwise exempt under clause (v) or (viia) must deduct tax at source if it exceeds a specified turnover threshold in the preceding year and if the interest credited or paid to a payee in the financial year exceeds specified per payee thresholds, with separate thresholds for senior citizens and others.
    NewsBills
    Show AI Summary
    TDS on technical services adjusted to reduce classification disputes and align withholding with work contract payments.
    To reduce classification disputes and litigation, the law prescribes a reduced withholding rate specifically for fees for technical services (other than professional services), aligning its TDS incidence more closely with that applicable to payments for execution of work contracts; withholding rates for other categories of fees remain unchanged and the amendment takes effect from the commencement date specified in the measure.
    NewsBills
    Show AI Summary
    Deduction timing for Section 43B: insured business expenses disallowed earlier permitted when actually paid.
    A proviso is proposed to Rule 5 of the First Schedule so that any sum added back under Section 43B in accordance with clause (a) of Rule 5 shall be allowed as a deduction in computing income under the rule in the previous year in which such sum is actually paid; the amendment takes effect from 1 April 2020 and applies to assessment year 2020-21 and onwards.
    NewsBills
    Show AI Summary
    Attribution to Permanent Establishment now covered in safe harbour rules and advance pricing agreements, providing transfer pricing certainty.
    Amendments expand Safe Harbour Rules to permit acceptance of declared transfer prices that address attribution of profits to a Permanent Establishment, and amend Advance Pricing Agreement provisions to allow APAs to determine or specify the manner of determining such attribution, thereby extending transfer pricing certainty to both safe harbour and APA mechanisms for future and rollback years.
    NewsBills
    Show AI Summary
    Business trust definition modified: listing requirement removed so tax pass-through and regime apply to unlisted trusts.
    The proposal amends clause (13A) of section 2 to remove the requirement that units be listed on a recognised stock exchange for a trust to qualify as a business trust, aligning the income tax definition with SEBI amendments that eliminated mandatory listing for InvITs; under section 115UA such trusts remain subject to taxation rules including pass through treatment for SPV interest and rent and filing and reporting obligations.
    NewsBills
    Show AI Summary
    Carry forward of losses extended to statutory bank and government insurance company amalgamations under specified nationalisation schemes.
    Section 72AA's allowance for carry forward of accumulated losses and unabsorbed depreciation is extended to include amalgamations of corresponding new banks under the Banking Companies (Acquisition and Transfer of Undertakings) Acts and amalgamations of Government companies arising under the General Insurance Business (Nationalisation) Act, with defined terms to be read from those enactments and the extension operating notwithstanding specified exclusions in the Act.
    NewsBills
    Show AI Summary
    Deferral of TDS on ESOP perquisites allows employers to delay tax deduction until sale or employment cessation.
    Amendments permit eligible start-ups to defer deduction or payment of tax on ESOP perquisites: tax must be deducted or paid within fourteen days of the earliest of (i) expiry of the prescribed post-allotment period, (ii) sale of the specified security or sweat equity share by the employee, or (iii) cessation of employment. Tax is computed using the rates applicable in the financial year when the security or share was allotted or transferred.
    NewsBills
    Show AI Summary
    Non-resident return filing exemption extended to royalty and FTS when withholding tax is applied at prescribed rates.
    A statutory amendment will exempt a non-resident from filing an income-tax return where the non-resident's total income consists solely of dividend or interest, or specified royalty or fees for technical services, provided that withholding tax on such income has been deducted under Chapter XVII-B at rates not lower than the rates prescribed for tax determination under section 115A(1); the amendment takes effect from the stated commencement date and applies to the relevant assessment year and subsequent years.
    NewsBills
    Show AI Summary
    Optional 35AD deduction safeguards right to claim depreciation where assessee forgoes the investment allowance under amended rules.
    The amendment makes the 100% capital expenditure deduction under section 35AD optional and restricts the sub section (4) non allowance rule so that other deductions, including normal depreciation, are disallowed only if the section 35AD deduction has been claimed and allowed; the change applies prospectively to the assessment year beginning 1 April 2020.
    NewsBills
    Show AI Summary
    Safe harbour threshold for stamp valuation adjustments increased, reducing valuation-driven recharacterisation of consideration for transfers.
    Increase of the safe harbour threshold from five per cent to ten per cent for valuation comparisons where declared consideration for transfer or receipt of immovable property is lower than the stamp valuation authority's value, so that a declared consideration within the safe harbour is treated as the full value for computing capital gains or income from other sources; effective from 1st April, 2021 and applying to the relevant assessment year and subsequent years.
    NewsBills
    Show AI Summary
    Interest limitation carve-out excludes debt from permanent establishments of foreign banks from interest disallowance under amended rules.
    The amendment provides that the interest limitation will not apply to interest paid in respect of debt issued by a lender which is a permanent establishment of a non-resident engaged in banking in India, thereby carving out loans from branches of foreign banks from the section 94B restriction and avoiding application of the earnings based disallowance to such debt.
    NewsBills
    Show AI Summary
    Concessional withholding tax extended and applied to municipal debt, enabling foreign investor interest relief within a renewed operative window.
    Amendment to section 194LD extends the concessional withholding tax regime and applies the concessional rate to interest on municipal debt securities by Foreign Institutional Investors and Qualified Foreign Investors, preserving the reduced TDS rate for eligible interest payments and changing the operative period so that interest paid within the newly prescribed window qualifies for the concession, with the amendment taking effect from the start of the specified fiscal period.

    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