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
    How revenue from leases and hire purchase transactions will be recognised.
    Manuals Income Tax
    Since there is no specific scope exclusion for real estate developers and Build -Operate- Transfer (...
    Manuals Income Tax
    Whether the costs incurred for securing the contract would have to be claimed in the year of incurre...
    Manuals Income Tax
    What is the treatment of incidental income that arises from construction contract.
    Manuals Income Tax
    Does proviso to section 36(1)(iii) apply on construction contract i.e. interest paid on capital borr...
    Manuals Income Tax
    whether the recognition of retention money, receipt of which is contingent on the satisfaction of ce...
    Manuals Income Tax
    What is the manner of recognizing contract revenue during the early stages of a contract.
    Manuals Income Tax
    What is the manner of recognition of revenue and expenses from construction contracts under ICDS III...
    Manuals Income Tax
    How to deal with a case where contract revenue is not recorded in the books of account, but offered ...
    Manuals Income Tax
    Whether the recognition of retention money, receipt of which is contingent on the satisfaction of ce...
    Manuals Income Tax
    Is it correct that even service providers are now required to record inventory?
    Manuals Income Tax
    Does ICDS II apply to the trader or dealer of livestock, agriculture and forest products mineral oil...
    Manuals Income Tax
    Does provisions of ICDS II apply to shares of a company in which public are not substantially intere...
    Manuals Income Tax
    Does the provisions of ICDS II apply on derivatives.
    Manuals Income Tax
    ICDS-I requires disclosure of significant accounting policies and other ICDS requires specific discl...
    Manuals Income Tax
    As per ICDS-I the Marked to Market loss or an expected loss shall not he recognized unless the recog...
    Manuals Income Tax
    Since ICDS is not applicable for the purposes of maintenance of books of account, then what is the p...
    Manuals Income Tax
    Where a term has not been defined under ICDS, nor under the Act, but has different interpretations g...
    Manuals Income Tax
    Does ICDS apply to computation of Minimum Alternate Tax (MAT) u/s 115JB of the Act or Alternate Mini...
    Manuals Income Tax
    In case of conflict between ICDS and other specific provisions of the Income-tax rules, 1962 governi...
❮
❯
❯❯
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
Revenue recognition for leases: lease treated as income not sale; lessor taxed on rent and entitled to depreciation.
ICDS IV recognises revenue when risk and rewards transfer, so leases are not sales: lease rent is taxable income and the lessor may claim depreciation. Under hire purchase, both parties cannot claim depreciation on the same asset; substance-over-form principles indicate the owner giving the asset on hire should recognise sale while the hirer is entitled to depreciation.
Manuals Income Tax
Show AI Summary
Revenue recognition under ICDS IV applies to real estate developers and BOT operators absent a specific exclusion.
In the absence of any specific ICDS notified for real estate developers, BOT projects and leases, the relevant provisions of the Income tax Act and applicable ICDS (including ICDS III and ICDS IV) apply to revenue recognition, income computation and disclosure for those transactions.
Manuals Income Tax
Show AI Summary
Work-in-progress treatment: costs to secure construction contracts must be capitalised and not deducted until related work is performed.
Precontract costs to secure construction contracts must be treated as an asset and characterised as work-in-progress, representing amounts due from customers, and therefore should not be claimed as a deduction in the year of incurrence but carried forward and recognised when the related construction or installation work is performed.
Manuals Income Tax
Show AI Summary
Incidental income in construction contracts: deduct from contract costs; investment returns taxed separately under income provisions.
Incidental incomes arising from construction contracts are not part of contract revenue and must be reduced from contract costs; examples include sale of surplus materials and disposal of plant and equipment. Income in the nature of interest, dividends and capital gains is excluded from incidental income and is taxed separately under applicable law.
Manuals Income Tax
Show AI Summary
Proviso to section 36(1)(iii) inapplicable to construction contracts; interest on contract borrowings is deductible for execution purposes.
Proviso to section 36(1)(iii) does not apply to borrowings by contractors for executing construction contracts because such borrowings are not for acquisition of an asset; therefore interest on capital borrowed attributable to a construction contract is not barred by the proviso and is allowable as a deduction under ICDS III.
Manuals Income Tax
Show AI Summary
Retention money recognition: recognise as revenue only when reasonable certainty of ultimate collection exists under ICDS construction rules.
Retention money within a construction contract is part of contract revenue and should be recognised as revenue on billing only when there is reasonable certainty of its ultimate collection, based on the contract's performance criteria and para 9 of ICDS on construction contracts.
Manuals Income Tax
Show AI Summary
Contract revenue recognition: recognize only costs incurred when outcome is not reliably estimable; early-stage limit applies.
When the outcome of a construction contract cannot be estimated reliably, revenue is recognized only to the extent of costs incurred, subject to an early-stage completion limit specified in the Income Computation and Disclosure Standard on Construction Contracts.
Manuals Income Tax
Show AI Summary
Percentage of completion method recognizes construction contract revenue, expenses and profit by proportion of work completed.
Recognition of revenue and expenses for construction contracts under ICDS III is governed by the percentage of completion method, whereby revenue, costs and profit are recognized by reference to the stage of completion of contract activity on the reporting date and reported in proportion to work completed.
Manuals Income Tax
Show AI Summary
Bad debt deduction available without book write off when previously taxed income becomes irrecoverable under the statutory proviso.
If contract revenue was offered to tax under ICDS but not recorded in the books and later becomes irrecoverable, it cannot be written off in the absence of a book entry; instead, deduction may be claimed under the statutory proviso allowing bad debt deduction without book write off where the amount was taken into account in computing income in the previous year in which it became irrecoverable or an earlier year.
Manuals Income Tax
Show AI Summary
Retention money recognition as revenue requires reasonable certainty of ultimate collection under ICDS on construction contracts.
Retention money, as part of overall contract revenue under the ICDS on construction contracts, shall be recognised as revenue only when the contingency tied to performance is satisfied or there is reasonable certainty of its ultimate collection.
Manuals Income Tax
Show AI Summary
Inventory recording requirement under ICDS II now mandates service providers to maintain inventories and disclose valuation for tax purposes.
Service providers are required to maintain records of inventories under the ICDS II standard on valuation of inventories, extending mandatory inventory recognition, valuation and disclosure obligations to entities providing services for purposes of income computation.
Manuals Income Tax
Show AI Summary
Valuation of Inventories: ICDS II applies to traders and dealers of primary commodities while excluding producers.
ICDS II governs valuation of inventories for income computation and disclosure. The standard is excluded for a producer of primary goods like livestock, agricultural and forest products, mineral oils, ores and gases, but it applies to persons who trade or deal in those commodities; therefore the producer/dealer distinction determines whether ICDS II applies.
Manuals Income Tax
Show AI Summary
ICDS II valuation excluded for closely held company shares when ICDS VIII classifies them as securities outside its scope.
Shares of a company in which the public are not substantially interested are excluded from ICDS II valuation even if held as inventory, because ICDS VIII's definition of securities expressly includes such shares, placing them outside ICDS II's scope.
Manuals Income Tax
Show AI Summary
ICDS II applicability to derivatives: derivatives held as inventory fall under ICDS II because securities exclusion applies.
Where an assessee holds derivatives as part of inventory, the valuation and related provisions of ICDS II apply because the definition of securities in ICDS VIII expressly excludes derivatives, so such instruments are governed by the inventory valuation standard rather than the securities disclosure regime.
Manuals Income Tax
Show AI Summary
Disclosure of accounting policies: ICDS requires taxpayers to disclose net ICDS effect in returns and tax audit report.
ICDS I mandates disclosure of significant accounting policies and requires the net effect on taxable income from application of ICDS to be disclosed in the Return of Income; ICDS disclosures are to be made in the tax audit report in Form 3CD, with no separate disclosure requirement for persons not liable to tax audit.
Manuals Income Tax
Show AI Summary
Marked-to-market gain recognition: ICDS I's non-recognition rule for MTM loss applies equally to gains.
Recognition of marked-to-market losses or expected loss is disallowed under ICDS I unless permitted by other ICDS provisions; the same conditional rule applies mutatis mutandis to recognition of marked-to-market gains or expected profit, so gains or anticipated income may not be recognised for income computation unless another ICDS expressly authorises recognition.
Manuals Income Tax
Show AI Summary
Accounting Policies: treat ICDS I as computation policies affecting taxable income computation, not books of account.
ICDS I should be read as prescribing computation policies for taxable income so that accrual, going concern, consistency, substance over form and non recognition of mark to market losses apply to income computation under business or other sources, and the disclosure requirement concerns the policies used in computing income rather than the policies used for maintaining books of account.
Manuals Income Tax
Show AI Summary
Interpretation of undefined tax terms: ICDS provisions generally govern unless declared ultra vires by a competent authority.
Where a term in the ICDS coincides with terminology in Accounting Standards, the AS interpretation generally applies; where no AS analogue exists, judicial tax-law interpretations ordinarily govern. If a current ICDS provision conflicts with earlier AS or judicial interpretations, the ICDS provision will prevail for tax computation and disclosure unless declared ultra vires by a competent court or authority.
Manuals Income Tax
Show AI Summary
ICDS applicability: ICDS do not apply to MAT on book profit but apply to AMT on adjusted total income.
ICDS do not apply to MAT because MAT is computed on book profit as per the Profit and Loss Account under company law, with specific statutory adjustments; ICDS are not incorporated into that book profit basis. ICDS apply to AMT because AMT is calculated on adjusted total income derived from total income determined under the regular tax provisions, and ICDS affect that regular computation.
Manuals Income Tax
Show AI Summary
Income Computation standards: specific tax-rule provisions prevail over general ICDS when the two provisions conflict.
ICDS are subordinate general principles for computing income and do not override specific provisions of the Income-tax Rules; where a specific rule governs a particular circumstance, that rule prevails over any inconsistent ICDS guidance.

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