Loading...

⚠ ✕
❮ 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 characters 0/2000
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 ✕
🔎 Filters / Advanced Search ❯
TEXT

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.
Relevance Default Date
    Manuals Income Tax
    Whether Shares acquired as Gift from someone, are eligible for exemption u/s 10(38) at the time of s...
    Manuals Income Tax
    Whether an enhanced compensation by any court or other authority shall be included u/s 10(37)?
    Manuals Income Tax
    Whether the income on transfer of units is also exempt u/s 10(35)?
    Manuals Income Tax
    Whether the exemption u/s 10(34A) on income arising due to buyback of shares applies on Long Term Ca...
    Manuals Income Tax
    What are the cases where any sum received for life insurance policy u/s 10(10D) shall be exempt.
    Manuals Income Tax
    What type of incomes shall be exempted u/s 10(8)?
    Manuals Income Tax
    What are the conditions specified u/s 10(23A) for claiming exemption on Income of some Professional ...
    Manuals Income Tax
    What are the conditions as specified u/s 10(21) to avail exemption of any income of a research assoc...
    Manuals Income Tax
    As per section 10(19A), if the annual value of any one palace in the occupation of a former ruler, i...
    Manuals Income Tax
    Whether any amount received as family pension by any member of the family of an individual who has b...
    Manuals Income Tax
    A partner of the firm/LLP receives interest on capital and remuneration from the firm/LLP. Whether s...
    Manuals Income Tax
    Whether an amount received by an Individual (a co-parcener to the HUF) from this HUF would be taxabl...
    Manuals Income Tax
    Change in accounting policy - When is to be changed - What should be the basis for change in account...
    Manuals Income Tax
    Accrual of income - Scope of ICDS - If there is conflict between Section 5 and Section 145, which wo...
    Manuals Income Tax
    ICDS - Accrual basis of Accounting - Accrual of income versus Receipt of income
    Manuals Income Tax
    Bad debts out of income recognised on the basis of ICDS but not yet recognised in books of account
    Manuals Income Tax
    Applicability of ICDS for the purpose of disallowance u/s 40(a)(i) and 40(a)(ia)
    Manuals Income Tax
    Applicability of ICDS on TDS
    Manuals Income Tax
    Maintenance of Books of accounts for the purpose of ICDS
    Case Laws Income Tax
    Capital Gain - transfer of right in the land or transfer of land itself - addition u/s 50C - Harassm...
❮
❯
❯❯
Maximize Maximize Maximize
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 Summaries Hide All Summaries
Manuals Income Tax
Show AI Summary
Exemption under Section 10(38) applies to gifted shares on sale if the prior owner did not acquire them in a disqualifying manner.
Shares received as a gift are eligible for exemption under Section 10(38) on sale, provided the previous owner did not acquire the shares in a manner or under conditions that disqualify them from the exemption.
Manuals Income Tax
Show AI Summary
Exemption for enhanced compensation confirms enhanced compensation falls within exempted compensation under income tax law.
Enhanced compensation is treated as part of "compensation" for the purposes of the exemption under 10(37); amounts characterized as enhanced compensation are encompassed by the exemption framework and are not taxable under that provision, as stated in the income tax manual guidance on exempted income.
Manuals Income Tax
Show AI Summary
Income on transfer of units is not exempt under section 10(35); such transfer income remains taxable.
Income arising on the transfer of units is not covered by the exemption under 10(35); proceeds from disposal of units are not exempt under that clause and must be treated as taxable transfer income under ordinary tax provisions.
Manuals Income Tax
Show AI Summary
Exemption on buyback income applies irrespective of short term or long term capital gains for shareholders under income tax law.
The exemption on buyback income applies to a shareholder's receipt irrespective of the holding period; buyback proceeds are exempt from income tax in the shareholder's hands whether classified as short term or long term capital gains.
Manuals Income Tax
Show AI Summary
Life insurance exemption under section 10(10D) lists categories where policy receipts are fully tax-exempt from income tax.
Exemption under Section 10(10D) covers amounts received on life insurance policies in defined categories: proceeds on insurance of a dependent handicapped person, proceeds under key man policies, and proceeds where annual premiums exceed specified proportions of the actual capital sum assured for policies issued in particular periods; proceeds under the premium ratio exceptions are stated to be fully exempt if received on the death of the person.
Manuals Income Tax
Show AI Summary
Income exemption under Section 10(8): foreign government remuneration for duties in India and foreign-sourced taxable income.
Exemption under Section 10(8) covers two categories where agreements provide relief: remuneration paid by the foreign State for duties performed in India, and any other income arising outside India that the individual is required to tax as income or social security tax in that foreign State.
Manuals Income Tax
Show AI Summary
Exemption for professional institutions under section 10(23A) requires Central Government approval and exclusive application of income to objects.
Exemption under section 10(23A) requires that an institution apply its income, or accumulate it for application, solely to the objects for which it is established, and that the institution be approved by the Central Government; both conditions are cumulative for claiming the exemption.
Manuals Income Tax
Show AI Summary
Exemption for research association income requires exclusive application to objects and permitted investments with corpus exceptions.
Exemption requires that the research association apply its income, or accumulate it, wholly and exclusively to its objects, and that funds not be invested or deposited during the previous year except in forms permitted for trusts; exceptions to the investment restriction include assets forming part of the corpus, accretions to shares forming the corpus, and voluntary contributions maintained in kind such as jewellery or furniture.
Manuals Income Tax
Show AI Summary
Letting of former ruler's palace results in taxable income under section 10(19A), not eligible for exemption.
If any palace or portion occupied by a former ruler is let out, the rent or annual value of that let-out portion is not exempt and is taxable rather than eligible for the exemption applicable to former rulers.
Manuals Income Tax
Show AI Summary
Family pension exemption shields dependents of government servants or decorated servicemen from taxable income under income tax law.
Any amount received as family pension by members of the family of an individual who has been in Government service or has been awarded the Vir Chakra is fully exempted under the relevant income tax provision, and therefore excluded from the recipient's taxable income as an assessee-specific exemption.
Manuals Income Tax
Show AI Summary
Share of profit exemption: interest on capital and partner remuneration are not covered under the provision.
The exemption is confined to a partner's share of profit from the firm or LLP and does not extend to interest on capital or to remuneration paid to the partner; such receipts must therefore be treated separately from the profit-share exemption.
Manuals Income Tax
Show AI Summary
Exemption for HUF distributions may not apply where clubbing rules apply, affecting taxability of co parcener receipts.
Amounts received by an individual co parcener from the HUF are exempt in the hands of the assessee under the general exemption for such receipts, subject to the overriding provision dealing with clubbing or attribution of income which can limit that exemption.
Manuals Income Tax
Show AI Summary
Accounting policy change requires reasonable cause and substance-over-form treatment to reflect a true and fair view.
Accounting policies must present a true and fair view of the state of affairs and income; treatment and presentation must follow substance over legal form; an accounting policy shall not be changed without reasonable cause, and any change must serve faithful representation for income computation and disclosure.
Manuals Income Tax
Show AI Summary
Accrual versus accounting method: accrual-based charge under residency provisions overrides cash-basis bookkeeping for taxing income.
Where income has become taxable under the substantive provision governing non-resident receipts, that charging provision prevails over a taxpayer's cash-basis accounting; Section 145 is a machinery provision to effectuate the charge and cannot be used to defeat or nullify the substantive charge so as to allow taxable income to escape tax.
Manuals Income Tax
Show AI Summary
Accrual of income: recognition occurs when a vested right and debtor liability arise, not necessarily on actual receipt.
ICDS I explains that accrual of income arises when a vested right to receive payment emerges and a corresponding liability is created on the other party; postponement or non-receipt does not prevent accrual, though non-receipt may justify separate deductions or claims. Accrual and arisal denote an inchoate right prior to actual receipt, while receipt denotes physical collection, and for tax accounting the existence of the right and the debtor's liability are the operative tests for accrual-based recognition.
Manuals Income Tax
Show AI Summary
Deduction for bad debts allowed where income recognised under ICDS but not recorded in accounts is later irrecoverable.
Where a debt included in income on the basis of Income Computation and Disclosure Standards but not recorded in the accounts becomes irrecoverable, Finance Act, 2016 permits the debt (or part) to be allowed as a deduction in the year it becomes irrecoverable and deems that the debt has been written off in the accounts for the purposes of the deduction.
Manuals Income Tax
Show AI Summary
Applicability of ICDS: timing of TDS entries determines whether expenditure is disallowable under TDS disallowance provisions.
ICDS apply only to computation of income under Profit & gains from business or profession and Income from Other Sources. For Sections 40(a)(i) and 40(a)(ia), disallowance depends on whether tax was deductible and whether an entry creating that liability or deduction existed in the year expenditure was claimed; absence of such an entry negates disallowance, while prior-year deduction of tax prevents disallowance in the year of allowance.
Manuals Income Tax
Show AI Summary
ICDS exclusion from TDS timing: TDS deduction timing and taxable expenditure follow book credit or payment date.
ICDS does not affect TDS mechanics: the time for TDS (date of credit in books or date of payment) and the expenditure amount subject to deduction are determined by the books of account or payment date, not by ICDS computation of allowable expenditure.
Manuals Income Tax
Show AI Summary
ICDS compliance: prepare ICDS-based financials and reconciliations to ensure taxable income computation aligns with disclosure standards.
Differences between accounting under ICDS and other accounting frameworks can materially affect taxable income and subsequent years' computations; taxpayers should quantify divergences and account for consequential tax adjustments. Practically, maintain parallel ICDS-based profit and loss and balance sheet statements and prepare a detailed reconciliation with primary accounting records to ensure all ICDS adjustments are considered. Auditors must certify that computation of total income complies with ICDS, making transparent documentation of adjustments and reconciliations necessary for audit certification and tax compliance.
Case Laws Income Tax
Show AI Summary
Capital gain valuation under section 50C on transfer of contractual rights challenged as inappropriate and commercially onerous.
Application of section 50C to a transfer of rights under a power of attorney, where no possession or control of the immovable property passed and no stamp authority value was adopted, was contested; the assessing officer's adoption of an enhanced valuation for computing short term capital gains was regarded as inappropriate and characterised as harassment, and that addition was reversed on appeal.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

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

Acts Income Tax