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
    Case Laws Income Tax
    Intricacies of Taxation on Interconnect Charges in Telecom: Unraveling the Concept of 'Use or Right ...
    Case Laws Income Tax
    The Principle of Mutuality in Taxation: A Comprehensive Analysis of a Landmark Supreme Court Decisio...
    Case Laws Income Tax
    Landmark Income Tax Reassessment Case
    Case Laws Income Tax
    A Legal Dissection of Best Judgment Assessments in Tax Law, in the context of Sections 153A/153C in ...
    Case Laws Income Tax
    Complexities of Residential Status and Tax Liability
    Case Laws Income Tax
    Navigating International Taxation Waters
    Case Laws Income Tax
    Deduction u/s 80P: Navigating the Legal Labyrinth - Co-operative Societies Vis-a-vis Co-operative ba...
    Case Laws Income Tax
    Navigating Legal Complexities - Assessment in case of third parties post search and seizure - The pe...
    Case Laws Income Tax
    Scope of compliance of the Document Identification Number (DIN) in tax communications​​.
    Case Laws Income Tax
    Navigating the Nuances of Capital vs Revenue Expenditure: The Asian Hotels Ltd. Case Analysis
    Case Laws Income Tax
    Tax Credit Entitlement - Credit of TDS if deductor failed to deposit the TDS to the Government
    Case Laws Income Tax
    A Landmark Judgment on Tax Credit Entitlement - Credit of TDS if deductor failed to deposit the TDS ...
    Case Laws Income Tax
    Validity of reopening of assessment - need for a direct link between the portal's information and th...
    Case Laws Income Tax
    Disallowance of expenses - need for tax authorities to have a practical understanding of the nature ...
    Case Laws Income Tax
    Disallowance of the assessee's business expenditure claims related to the purchase of sugarcane from...
    Case Laws Income Tax
    Additions made u/s 69 and Section 56 in the absence of direct incriminating evidence linking the ass...
    Notifications Income Tax
    Manner of disposal of application for advance ruling under Income Tax Act, 1961
    Manuals Income Tax
    Computation of Turnover for the purpose of tax audit u/s 44AB - Speculation Business or Derivatives,...
    Act Rules Income Tax
    Income deemed to accrue or arise in India - Section 9
    Act Rules Income Tax
    Current Repairs - ‘Nature & Treatment’ of expense
❮
❯
❯❯
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
Case Laws Income Tax
Show AI Summary
Use or right to use: interconnect charges not treated as royalty under treaty because no transfer of use of IP.
The core question was whether interconnect usage charges fall within royalty by virtue of conferring the use or right to use a process or equipment. The tribunal held that IUC did not amount to royalty because the telecommunications processes were standard industry practice, not proprietary or secret, and therefore did not grant a transferable right to exploit intellectual property; treaty interpretation under the DTAA controlled characterization.
Case Laws Income Tax
Show AI Summary
Principle of mutuality: interest on clubs' bank deposits treated as commercial income and not mutuality-exempt.
The Court analysed whether investing clubs' surplus funds in bank fixed deposits preserved the identity between contributors and beneficiaries required by the Principle of Mutuality. It found that such investments diverted funds into commercial dealings with third parties and were not applied directly for members' mutual services, thereby breaking mutuality. As a result, interest earned on those investments did not qualify as exempt mutual receipts and was treated as taxable income.
Case Laws Income Tax
Show AI Summary
Reassessment notice limitations restrict tax authorities when issued beyond limitation or without mandated approval or procedural defects.
A reassessment issued after the three year limitation period and without approval from the specified authority fails statutory prerequisites and cannot sustain reassessment. Reassessment powers are limited to non disclosure or material misstatement of facts in the original assessment and do not extend to changes of opinion. TOLA 2020 does not expand substantive reassessment powers or alter approval requirements, and correct classification of expenses as capital or revenue remains central to tax consequence determinations.
Case Laws Income Tax
Show AI Summary
Best judgment assessment standards tightened when linked to search-and-seizure reassessments requiring documented satisfaction and DIN compliance.
Best judgment assessment under Section 144 is examined alongside Sections 153A and 153C, stressing that invocation of Section 144 must be grounded in the legitimate scope opened by search-related reassessments. The court emphasises that the Assessing Officer's satisfaction note must be substantively supported, administrative formalities such as a Document Identification Number must be complied with, and that extensions of assessment periods require concrete evidentiary justification.
Case Laws Income Tax
Show AI Summary
Residential status: extended employment definition can preserve non-resident tax status for cross-border business migrants abroad.
The tribunal addressed whether an individual who stayed 176 days in India and then moved to Mauritius on an occupation permit qualified as non-resident under Explanation 1(a) to the residence provision; after reviewing the occupation permit and appointment documentation and relying on precedent that construes "employment" to include self-employment and business activity, the tribunal found the explanatory extension applicable and excluded offshore receipts from Indian taxation.
Case Laws Income Tax
Show AI Summary
Section 172 shipping reimbursements govern TDS treatment, displacing Section 195 withholding for cross border damage payments.
The core operative finding is that cross border payments characterised as reimbursements for vessel damage fall within the specialised shipping income regime under Section 172, so the general non resident withholding approach under Section 195 (and higher rates applied due to documentation gaps under Section 206AA) was not the appropriate mechanism; classification by legal character governs the applicable withholding treatment.
Case Laws Income Tax
Show AI Summary
Co-operative bank classification: licensing requirement determines cooperative societies' tax deduction eligibility under section 80P provisions.
Eligibility for deduction under Section 80P depends on whether a cooperative society qualifies as a co-operative bank, which in turn requires evaluation of statutory definitions and the regulatory requirement of licensing under the Banking Regulation Act read with the NABARD Act and state cooperative laws; classification hinges on regulatory status and banking activity rather than merely providing credit to members.
Case Laws Income Tax
Show AI Summary
Interpretation of Section 153C limits third party assessment timelines to when seized materials reach the Assessing Officer.
The Supreme Court held that, for third parties found via search and seizure, the period for which returns must be filed is measured from the date seized materials are forwarded to the relevant Assessing Officer rather than from the date of the original search. The Court read Sections 153A and 153C to avoid unduly prejudicing uninvolved third parties and to prevent excessive record-retention and procedural burden, endorsing a fair, plain-language construction aligned with legislative intent.
Case Laws Income Tax
Show AI Summary
DIN compliance: omission of Document Identification Number can render tax orders procedurally noncompliant under CBDT Circular.
The dispute focuses on whether omission of the Document Identification Number (DIN) from a substantive tax order, despite issuance of an intimation letter containing the DIN, renders the communication noncompliant with CBDT Circular No.19/2019; the Tribunal treated a DIN-less order as deficient, rejected the revenue's rectification attempts and allowed relief to the assessee, while the High Court found no substantial question of law warranting interference, underscoring strict procedural adherence in tax communications.
Case Laws Income Tax
Show AI Summary
Renovation and consultancy expenses for hotels treated as revenue when they preserve existing assets without creating enduring capital benefits.
Classification of renovation and related consultancy expenses turns on whether works create a new asset or an enduring capital advantage. Expenditure that preserves existing condition, maintains competitiveness, or restores assets without materially improving life or efficiency is revenue in nature. Consultancy fees aligned with such maintenance are treated as revenue expenditure rather than capital outlay.
Case Laws Income Tax
Show AI Summary
TDS credit entitlement affirmed: deductee entitled to credit despite deductor's non-deposit, preventing indirect recovery.
Credit for tax deducted at source on interest payments is to be treated as tax paid on the deductee's behalf and does not depend on the deductor's remittance; statutory protections against indirect recovery prevent the revenue from seeking the same tax from the deductee when the deductor fails to deposit the deducted amount, and the deposit requirement in the applicable provisions does not negate the deductee's entitlement to such credit.
Case Laws Income Tax
Show AI Summary
Tax credit for TDS: deductee entitled to credit even if deductor failed to deposit the retained tax with government.
The Court treats amounts retained by a deductor as remaining tax and concludes the statutory credit mechanism for tax deducted at source does not condition a deductee's entitlement on the deductor having deposited the retained amount with the government, thereby barring indirect recovery or adjustment against the deductee where tax has been deducted at source.
Case Laws Income Tax
Show AI Summary
Use of portal data: digital information needs a direct evidential link before reopening income tax assessments.
Reopening assessments requires a direct evidential link between portal-derived information and the income alleged to have escaped assessment; portal data alone is insufficient without documentary support for transactions or gifts, and a show cause notice must provide adequate particulars and reflect proper consideration of the taxpayer's response before reassessment proceeds.
Case Laws Income Tax
Show AI Summary
Disallowance of expenses must rest on specific documentation defects, not on blanket percentage adjustments.
Disallowance of business expenses on a summary or estimate basis requires specific, pointed deficiencies and cannot rest on generalized conclusions about excessiveness; in businesses with routine small transactions, tax authorities must examine the nature of operations and identify particular defects in documentation before applying blanket percentage disallowances.
Case Laws Income Tax
Show AI Summary
Statutory Minimum Price interpretation: excess cane payments treated as appropriation of profits, not deductible business expense.
The core issue is whether payments for sugarcane in excess of the Statutory Minimum Price (SMP) are deductible business expenditures or constitute an appropriation of profits. The Assessing Officer relied on standard accounting practice requiring provisions for liabilities at year end and treated post closing excess payments as distributions of operational surplus. The appellate view upheld that cooperative status does not alter the tax analysis and that payments beyond the SMP do not qualify as allowable business expenses absent proper provisioning within the accounting period.
Case Laws Income Tax
Show AI Summary
Direct incriminating evidence requirement: third party search materials alone cannot sustain unexplained investment additions.
Additions alleged as unexplained investments and undisclosed interest income based on third party search materials require a demonstrable direct nexus between those seized records and the assessee; absent such direct incriminating evidence, reliance on third party statements or documents is insufficient. Procedural safeguards and transactional indicia-such as cross examination opportunities, banking records, documentary support, and TDS-reduce the probative value of seized material when direct linkage is lacking.
Notifications Income Tax
Show AI Summary
Majority decision with third member nomination resolves member disagreements in advance ruling panels, enabling electronic pronouncement and communication.
Amendments to the e advance rulings Scheme require the Board for Advance Rulings to consider responses, provide an opportunity of being heard by video conferencing or video telephony, pronounce the advance ruling and send it to the applicant and relevant authority. If Members differ on any point, the Principal Chief Commissioner (International Taxation) will nominate a Member from another Board and the majority opinion, including the nominated Member, will prevail in deciding the disputed point or points.
Manuals Income Tax
Show AI Summary
Turnover computation for derivatives and speculation: include absolute differences and option premiums under tax audit rules.
Turnover for tax audit purposes differs by transaction type: speculative transactions use the aggregate of realised favourable and unfavourable differences; derivatives, futures and options use the absolute total of favourable and unfavourable differences with option premium included unless already counted in net profit; reverse trade differences are included; delivery based transactions use total sales value as turnover.
Act Rules Income Tax
Show AI Summary
Income deemed to accrue in India when linked to an Indian business connection, property, services, or specified payments.
Section 9 deems income arising outside India to accrue in India where it is derived directly or indirectly from a business connection in India, from property or a source of income in India, or from transfer of a capital asset situated in India. It also treats salary for services rendered in India, government-paid salary to Indian citizens for foreign services, dividends by Indian companies to non-residents, and specified interest, royalties and technical fees (subject to exceptions based on use outside India) as deemed to accrue in India. Gifts by residents to non-residents after 5 July 2019 are similarly deemed.
Act Rules Income Tax
Show AI Summary
Current repairs classification distinguishes capital expenditure from revenue deductions for building and machinery repairs under income tax rules.
Classification of current repairs determines whether expenditures on buildings and on plant and machinery are revenue deductions or capitalised: enduring benefit or substantial enhancement is capital, while routine restorative or replacement outlays that merely maintain existing earning capacity are revenue; Sections 30 and 31 provide the statutory context for rent, rates, taxes, repairs and insurance for buildings and for machinery, plant and furniture.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Comparison of section 294 "Procedure for block assessment." 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 294 Procedure for block assessment

Income-tax Act, 2025

At a Glance

The document is Clause 294 of the Income Tax Bill, 2025 (Old Version): a proposed special procedure for block assessment in search/requisition cases. It matters because it prescribes the notice, return and consequential assessment procedure in high-risk search cases, affecting taxpayers subject to searches and the assessing authority. Who is affected: taxpayers subject to search/ requisition and the Income-tax Department. Effective date or decision date: Not stated in the document.

Background & Scope

Statutory hooks: Clause 294, Income Tax Bill, 2025 (Old Version). Context: procedure to be followed where a search has been initiated or requisition made. Coverage: issuance of notice requiring a return for the block period, treatment of such return, procedural cross-references for assessment and penalties, treatment of seized/requisitioned assets, and prior approval before issuing notice. Definitions or further explanations: Not stated in the document.

Statutory Provision Mode

Text & Scope

  • Clause 294 addresses situations where a search is initiated or requisition made. The Assessing Officer (AO) must issue a notice requiring the person to furnish, within the period specified (not exceeding sixty days), a return "in the form and verified in the manner, as prescribed," setting forth the total income, including undisclosed income, for the block period. The return is to be treated as if furnished u/s 263 and thereafter a notice u/s 270(8) shall be issued. Returns furnished beyond the period are declared not to be returns u/s 259. No notice u/s 280 is required. A person who furnishes such return is not entitled to file a revised return.
  • The AO shall proceed to determine the total income including the undisclosed income for the block period per section 293, and specified provisions (sections 268, 270(8), 270(10), 271, 276, 287 and 288) shall, so far as may be, apply. On such determination, the AO shall pass an order of assessment or reassessment and determine tax payable, with the proviso that section 275 shall not apply; additionally, where the order is made pursuant to section 295, the block period for that assessment shall be the same as that determined in respect of the person in whose case the search was initiated. Assets seized u/s 247 or requisitioned u/s 248 shall be dealt with per section 250. Section 270(1) shall not apply to the return furnished under this section. Prior approval of senior specified officers is required before issuing the notice.

Interpretation

Legislative intent as indicated by the text: to create a distinct, expedited procedure for block assessment following searches/requisitions, by compelling a targeted return within a strict timeframe, limiting revision rights, and specifying which procedural and penal provisions apply. The treatment of such returns "as if" u/s 263 suggests an intent to subject such returns to a particular return regime while ensuring downstream procedure u/s 270(8). The prohibition on revision and on section 270(1) suggests an intent to fix the record and limit post-disclosure tinkering. The requirement for prior supervisory approval indicates a policy of internal checks before initiating the block return procedure.

Exceptions/Provisos

Carve-outs and conditions in the Clause: (i) Section 275 does not apply to orders passed under this Clause; (ii) where assessment/reassessment is u/s 295, block period alignment rule applies (Bill only); (iii) returns filed after the specified period are not deemed returns u/s 259; (iv) section 270(1) does not apply to such returns. Additional procedural limitations: no revised return permitted; no section 280 notice required. Any thresholds, time limits beyond the sixty-day specification: Not stated in the document beyond the sixty-day maximum and the immediate treatment described.

Illustrations

  • Example 1: A search of A's premises leads the AO to issue a clause 294 notice requiring a return within sixty days setting out A's total income including undisclosed income for the block period; A files the return on day 45. The AO treats the return as if u/s 263 and issues notice u/s 270(8) and proceeds under the specified sections to determine tax. (Consistent with text.)
  • Example 2: B files a return in response to a clause 294 notice after the sixty-day period. Under the Clause, that late return "shall not be deemed to be a return u/s 259" (textual provision), and thus would be excluded from the returns regime referenced. (Consistent with text.)
  • Example 3: C is assessed pursuant to section 295 as part of connected proceedings initiated by a search in D's case; the AO sets the block period for C to be the same as for D. (Consistent with clause (c)(ii) in the Bill.)

Interplay

Interaction with other sections mentioned: the Clause expressly imports section 263 procedures for deeming the return, requires issuance of notice u/s 270(8), and prescribes that several other specified sections "shall, so far as may be, apply" (268, 270(8), 270(10), 271, 276, 287, 288). The Clause excludes application of section 275 to resulting orders and excludes section 270(1) from application to the special return. The Clause further references sections 247, 248 and 250 for treatment of seized/requisitioned assets and section 295 for block-period alignment. Any rules, notifications or circulars beyond these sections: Not stated in the document.

Differences between the two provisions and practical impact of each change

  • Content of the return required: The Bill (Clause 294 - Old Version) requires the assessee to furnish "a return ... setting forth his total income, including the undisclosed income, for the block period." The Act (Section 294) requires a return "setting forth his undisclosed income, for the block period."
    • Practical impact: The Bill's wording would have required a composite disclosure of total income plus undisclosed income, potentially generating fuller self-contained disclosures for assessment. The Act narrows the disclosure requirement to undisclosed income only, which may limit the scope of what the assessee must put on record via the special return and could shift emphasis to determination of undisclosed amounts by the AO using other material.
  • Provision for extension (30 days) and conditional grounds: The Act contains an express sub-clause permitting a further extension of 30 days where four specific conditions (A-D) are satisfied (relating to due date not having expired, audit liability u/s 63, accounts not audited, and written request for extension to get accounts audited). The Bill does not contain this extension provision.
    • Practical impact: The Act's explicit extension mechanism gives assessees an administrative safeguard to arrange an audit and furnish audited accounts, reducing risk of procedural non-compliance. The absence of this in the Bill would have imposed a stricter sixty-day deadline with no specified statutory extension, increasing compliance pressure and potential disputes over timeliness.
  • Cross-references to other sections (applicable provisions): The Bill lists the provisions to be applied "so far as may be" as sections 268, 270(8), 270(10), 271, 276, 287 and 288. The Act lists sections 268, 270(8), 270(10), 271, 276, 277 and 278.
    • Practical impact: Different cross-references change which penalty, prosecution or procedural provisions are available. The Bill's inclusion of sections 287 and 288 (and omission of 277/278) would have applied different penal/process provisions than the Act's choice of 277 and 278. This affects potential penalties, prosecution exposure, and consequential procedural steps; taxpayers and authorities will need to re-evaluate the risk/relief profile as per the final list.
  • Returns filed beyond the time allowed - cross-reference discrepancy: The Bill states that any return beyond the period "shall not be deemed to be a return u/s 259" (anomalous reference). The Act states that any return beyond the period "shall not be deemed to be a return u/s 263."
    • Practical impact: The Bill appears to contain an incorrect cross-reference (section 259) which would create ambiguity and possible challenge; the Act corrects this to section 263. The correct cross-reference determines which statutory regime governs validity of late returns in search/block cases, hence critical to procedural consequences.
  • Additional provision in Bill regarding block period alignment where order pursuant to section 295: The Bill contains an additional sub-clause (c)(ii) providing that where assessment/reassessment is made pursuant to section 295, "the block period for such assessment or reassessment shall be the same as that determined in respect of the person in whose case search was initiated..." The Act lacks an equivalent clause.
    • Practical impact: The Bill's clause would have ensured synchronized block periods across related assessments triggered by the same search, clarifying temporal reach of linked proceedings. Its omission in the Act leaves uncertainty whether block periods in consequential proceedings automatically mirror the original searched person's block period; this may affect limitations and taxable periods in follow-on assessments.
  • Minor language and chapter/part references: The Bill refers to "as prescribed" and to proceedings "under this Chapter"; the Act uses "as may be prescribed" and "under this part."
    • Practical impact: Largely stylistic; however, "as may be prescribed" can be read as preserved legislative discretion. The chapter/part wording difference is terminological and unlikely to have substantive legal effect but should be noted for drafting clarity.
  • Common features preserved: Both versions require prior approval of an Additional Commissioner/Additional Director/Joint Commissioner/Joint Director before issuance of the notice; both disallow revision of a return filed under the provision; both state no notice u/s 280 is required for proceeding.
    • Practical impact: These consistent elements preserve administrative checks and constrain assessee's ability to revise disclosures made under the special procedure.

Practical Implications

  • Compliance risks: Filing within the sixty-day window is mandatory; late filings are expressly rendered not to be returns under the cross-referenced provision (section 259 in the Bill), exposing taxpayers to adverse procedural consequences. The inability to file revised returns increases the stakes of initial disclosure entries.
  • Record-keeping: Taxpayers facing search/requisition should be prepared to compile and submit a full return of total income and undisclosed income for the block period within sixty days, along with supporting documents. Maintenance of contemporaneous books and auditable records will be crucial.
  • Audit/assessment strategy: The AO will apply the specified sections to determine undisclosed income, and the exclusion of section 275 indicates penalties under that section will not attach to these orders, though other penalties/prosecutions under the listed sections may apply.
  • Approval requirement: Prior approval by senior officers before issuing the notice imposes an internal control in the Department's process; taxpayers should monitor exercise of that supervisory check.
  • Interconnected assessments: Whether block periods of consequential assessments must align (per clause (c)(ii)) may affect limitation and evidence strategies in linked cases; practitioners should note the Bill's explicit alignment provision.

Key Takeaways

  • Clause 294 prescribes a targeted return procedure in search/requisition cases with a strict sixty-day deadline and no right to revise the return.
  • The return is to be treated "as if" u/s 263 and triggers a notice u/s 270(8); section 270(1) does not apply.
  • Certain penal/procedural sections are specified to apply "so far as may be" (268, 270(8), 270(10), 271, 276, 287, 288), while section 275 is excluded.
  • Clause contains a special alignment rule for block periods where assessment follows section 295.
  • Seized or requisitioned assets are to be dealt with u/s 250; prior approval of senior officers is required before issuing the notice.
  • The Bill's reference to section 259 for late returns appears anomalous and would create ambiguity in application.
  • Practical compliance: rapid assembly of records, attention to timelines, and careful drafting of the initial return are essential.

Full Text:

Section 294 Procedure for block assessment

Topics

Acts Income Tax